Federal materials and their relationship to (1) Chapter 650, An Act to Protect Maine's Coastal Waters, and (2) draft rules Ch. 532, Large Commercial Passenger Vessels

Maine's Ch. 650 provides:

"the department shall adopt rules, which are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A, to implement the requirements in the federal Consolidated Appropriations Act of 2001, Public Law 106-554, Section 1(a)(4) and Appendix D, Division B, Title XIV, Section 1404(b) or (c), 114 Stat. 2763, 2763A-316 and Code of Federal Regulations 159.315 and 159.317 (2003) with the following changes: "Maine" is substituted for "Alaska," "Department of Environmental Protection" is substituted for "Captain of the Port" and for "Coast Guard," and "graywater or a mixture of graywater and blackwater" is substituted for "treated sewage and/or graywater."

Chapter 650 cited directly to the federal provisions marked with an asterix (*) and in bold below, in the list following discussion section. Click on the links to see the texts.

Some terms used in these federal materials are defined in other federal provisions. Definitions, as well as the sections directly referenced in Ch. 650, in turn reference other federal provisions. Typically, one section will say to go meet the standards in another section, which will in turn reference another. The federal texts in these "further references out" were incorporated into draft Chapter 532, in whole or part, where appropriate. The full texts of each of these federal provisions are available below.

Discussion section (specifics)

33 CFR 159.305 defines certain terms used in the related federal rule provisions were included in the draft rule. For example, 33 CFR 317 uses the terms "conventional pollutant" and "priority pollutant", which are defined in 33 CFR 159.305. Sec. 1404(c) uses the term "environmental compliance report", which is defined in 33 159.305.

Section 1404(c) references the secondary treatment standards contained in 40 CFR 133.102. The secondary treatment standards in 133.102 provide for an exceptions described in 40 CFR 133.103 and 105. The department did not incorporate the exceptions at 40 CFR 133.103 and 105 in draft Chapter 632, because they did not apply to vessels. They included exceptions related to situations such as the introduction of wastes from industrial dischargers, and the use of waste stabilization ponds.

Chapter 532 references three federal rules: 40 CFR 401.15, 40 CFR 401.16, and 40 CFR Part 136.

List

Code of Federal Regulations
The following materials are CFR Revision Date July 1, 2003. The CFR pdf files are from this CFR web page (off-site).

33 CFR 159.305 Definitions

*33 CFR 159.315 Sewage and graywater discharge record book

*33 CFR 159.317 Sampling and reporting

33 CFR 159.319 Fecal coliform and total suspended solids standards

40 CFR 133.102 Secondary Treatment

40 CFR 133.103 Special considerations

40 CFR 133.105 Treatment equivalent to secondary treatment

40 CFR 401.15 Toxic pollutants

40 CFR 401.16 Conventional pollutants

40 CFR Part 136 Guidelines for establishing test procedures for the analysis of pollutants (BETA test site)

U.S. Statutes

*114 STAT. 2763 (PUBLIC LAW 106–554—DEC. 21, 2000)
Excerpt pp 317-318 containing Sec. 1404(b) and (c). Original formatting has been lost. Go off-site for full document.