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06
Department of Environmental Protection

1999-2000 Regulatory Agenda


06-096: The Department
06-481: Board of Underground Storage Tank Installers

UMBRELLA/UNIT NUMBER: 06-096
AGENCY: Department of Environmental Protection

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: Changes to Chapter 305, Permit By Rule, relating to stream crossings.


CONTACT PERSON FOR THE FOLLOWING CHAPTERS: Jim Dusch, Office of the Commissioner, 17 State House Station, Augusta, Maine 04333. Tel: (207) 287-8662

CHAPTER 2: Rules Governing the Processing of Applications
STATUTORY AUTHORITY: 38 MRSA Sections 341-D and 343-B
PURPOSE: The amendments will update prescribed application filing procedures to better implement a fair and efficient process for regulated parties.
ANTICIPATED SCHEDULE: Winter 1999-2000.
AFFECTED PARTIES: Any person submitting a license application.

NEW RULE: Rules Governing Administrative Hearing Procedures
STATUTORY AUTHORITY: 38 MRSA Sections 341-D and 343-B
PURPOSE: The amendments will update prescribed application filing procedures to better implement a fair and efficient process for regulated parties.
ANTICIPATED SCHEDULE: Winter 1999-2000.
AFFECTED PARTIES: Any person submitting a license application.


CONTACT PERSON FOR FOLLOWING CHAPTERS: Jeffrey Crawford, Bureau of Air Quality, 17 State House Station Augusta, ME 04333-0017. Tel: (207) 287-7647

CHAPTER 100: Definitions Regulation
STATUTORY AUTHORITY: 38 MRSA Section 585-A
PURPOSE: This regulation is amended on an ongoing basis to reflect recent federal and state legislative and regulatory changes affecting definitions (e.g., modification, volatile organic compounds, refuse-derived fuel, etc.).
ANTICIPATED SCHEDULE: Ongoing.
AFFECTED PARTIES: These administrative changes resulting from new regulations or amendments will not have a direct impact on the regulated community or the environment.

CHAPTER 103: Fuel Burning Equipment Particulate Emission Standard
STATUTORY AUTHORITY: 38 MRSA Sections 585 and 585-A.
PURPOSE: This regulation needs to be amended to incorporate federal maximum available control technology (MACT) standards on emissions of hazardous air pollutants.
ANTICIPATED SCHEDULE: January, 2000.
AFFECTED PARTIES: These amendments will primarily affect owners and operators of incinerators, while benefiting the general public.

CHAPTER 115: Major and Minor Source Air Emission License Regulations
STATUTORY AUTHORITY: 38 MRSA Sections 590 and 585-A
PURPOSE: This regulation is being amended to reflect the establishment of a separate regulation for New Source Review permitting requirements and incorporate changes to the Appendix A modeling protocol.
ANTICIPATED SCHEDULE: May, 2000.
AFFECTED PARTIES: This regulation will affect owners and operators of licensed air emission sources.

CHAPTER 117: Source Surveillance
STATUTORY AUTHORITY: 38 MRSA Sections 585-A and 590
PURPOSE: The proposed amendment to Chapter 117 will provide for the use of alternative predictive emission monitoring systems (PEMS) in lieu of continuous emission monitoring systems (CEMS) and clarify the rule's applicability and performance specification testing requirements.
ANTICIPATED SCHEDULE: January, 2000.
AFFECTED PARTIES: This amendment will affect major industrial and commercial sources of air emissions.

CHAPTER 140: Part 70 Air Emission License Regulations
STATUTORY AUTHORITY: 38 MRSA Sections 590 and 585-A
PURPOSE: This regulation is being amended to incorporate recent amendments to the federal Title IV Acid Rain Program, to incorporate federal requirements under section 112(g) of the Clean Air Act, to reflect the establishment of a separate regulation for New Source Review permitting requirements, and incorporate changes to the Appendix A modeling protocol.
ANTICIPATED SCHEDULE: October, 1999 (Acid Rain Program); May, 2000 (New Source Review, 112(g) revisions, and modeling protocol).
AFFECTED PARTIES: This regulation will affect owners and operators of licensed air emission sources.

CHAPTER 145: NOx Control Program
STATUTORY AUTHORITY: 38 MRSA Section 585-A
PURPOSE: The Ozone Transport Commission (OTC) NOx Memorandum of Understanding (MOU) is a multi-state program to address emissions of nitrogen oxides (or NOx) from major industrial sources through a market based approach. As part of the northern zone, Maine has committed to reduce emissions from its largest sources by 55% from 1990 baseline levels, or meet a 0.2 lbs/mmBtu emission rate by May 1, 2003. In lieu of participating in the regional cap and trade program, Maine will be proposing a year-round 0.15 lbs/mmBtu emission rate limit.
ANTICIPATED SCHEDULE: December, 1999.
AFFECTED PARTIES: These amendments will affect owners and operators of facilities with boilers and other indirect heat exchangers with a maximum gross heat input of at least 250 million Btu per hour. There are currently 4 sources (all in southern Maine) that would be affected by this regulation.

CHAPTER 146: New Source Review Regulations
STATUTORY AUTHORITY: 38 MRSA Sections 590 and 585-A
PURPOSE: This proposal will establish a separate regulation for New Source Review (NSR) permitting requirements. These requirements are currently contained within Chapters 115 and 140 of the Department's regulations; the establishment of a separate regulation will facilitate the permitting process for new sources of air emissions.
ANTICIPATED SCHEDULE: May, 2000.
AFFECTED PARTIES: This regulation will affect owners and operators of major sources of air emissions.


CONTACT PERSON FOR FOLLOWING CHAPTERS: Carolyn Wheeler, Bureau of Air Quality, 17 State House Station Augusta, ME 04333-0017. Tel: (207) 287-8159

CHAPTER 101: Visible Emissions Regulation
STATUTORY AUTHORITY: 38 MRSA Section 585-A
PURPOSE: This regulation needs to be amended to include the latest federal testing methodology.
ANTICIPATED SCHEDULE: February, 2000.
AFFECTED PARTIES: These amendments will primarily affect industrial and commercial sources of visible air emissions while benefiting the general public.

CHAPTER 114: Classification of Air Quality Control Regions
STATUTORY AUTHORITY: 38 MRSA Sections 585-B and 585-A
PURPOSE: This regulation will be amended to reflect the current 1-hour ozone standard attainment status of York, Cumberland, Sagadahoc, Androscoggin, Kennebec, Knox, Lincoln, Waldo and Hancock counties.
ANTICIPATED SCHEDULE: June, 2000.
AFFECTED PARTIES: These amendments will affect the owners or operators of sources located in or impacting these ozone attainment areas.

CHAPTER 123: Paper Coating Regulation
STATUTORY AUTHORITY: 38 MRSA Sections 343-A and 585-A
PURPOSE: The proposed amendments to Chapter 123 will reduce recordkeeping requirements for sources using low-solvent (emitting) coating technology.
ANTICIPATED SCHEDULE: October, 1999.
AFFECTED PARTIES: These amendments will affect owners and operators of paper coating machines.


CONTACT PERSON FOR FOLLOWING CHAPTERS: Deborah Avalone-King, Bureau of Air Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: (207) 287-7028

CHAPTER 102: Open Burning
STATUTORY AUTHORITY: 38 MRSA Section 585-A.
PURPOSE: This regulation needs to be amended to incorporate legislative changes enacted by the 118th Legislature. These include prohibitions against the outdoor burning of plastics, rubber, styrofoam, metals food wastes and chemicals; definition changes and enforcement provisions.
ANTICIPATED SCHEDULE: January, 2000.
AFFECTED PARTIES: These amendments will primarily affect the general public.

CHAPTER 104: Incinerator Particulate Emission Standard
STATUTORY AUTHORITY: 38 MRSA Sections 585 and 585-A
PURPOSE: This regulation needs to be amended to incorporate federal maximum available control technology (MACT) standards on emissions of hazardous air pollutants.
ANTICIPATED SCHEDULE: March, 2000.
AFFECTED PARTIES: These amendments will primarily affect owners and operators of incinerators, while benefiting the general public.

CHAPTER 121: Emission Limitations and Emission Testing of Resource Recovery Facilities
STATUTORY AUTHORITY: 38 MRSA Sections 585, 585-b and 590.
PURPOSE: This regulation will be amended to include control and compliance requirements for small municipal waste combustors.
ANTICIPATED SCHEDULE: May, 2000.
AFFECTED PARTIES: These amendments will affect one municipal waste combustor; larger facilities are already subject to this regulation.

CHAPTER 125: Perchloroethylene Dry Cleaner Regulation
STATUTORY AUTHORITY: 38 MRSA Sections 585 and 585-A
PURPOSE: This regulation needs to be amended to clarify equipment applicability thresholds and definitions.
ANTICIPATED SCHEDULE: May, 2000.
AFFECTED PARTIES: These amendments will affect owners and operators of dry cleaning equipment.

CHAPTER 143: Standards of Performance for New Sources of Emissions of Air Pollutants
STATUTORY AUTHORITY: 38 MRSA Sections 585 and 585-A
PURPOSE: This regulation incorporates by reference applicable federal new source performance standards (NSPS) for the control of air pollutant emissions and is amended on an ongoing basis. This regulation authorizes the Department to implement delegated federal air emission standards that are incorporated into air emission licenses. The standards reflect the degree of emission limitation achievable through the application of the best system of emission reduction, while accounting for the cost of such reductions and other non-air quality health, environmental and energy impacts.
ANTICIPATED SCHEDULE: December, 1999 (and ongoing).
AFFECTED PARTIES: These amendments will affect owners and operators of stationary sources of air pollutants.

CHAPTER 144: Standards for Hazardous Air Pollutants for Stationary Sources
STATUTORY AUTHORITY: 38 MRSA Sections 585 and 585-A
PURPOSE: This regulation incorporates by reference applicable federal new source performance standards for hazardous air pollutants for stationary sources (NESHAPS) that have been delegated to Maine by the federal government on an ongoing basis. This regulation authorizes the Department to implement delegated federal air emission standards that are incorporated into air emission licenses.
ANTICIPATED SCHEDULE: December, 1999 (and ongoing).
AFFECTED PARTIES: These amendments will affect owners and operators of stationary sources of air pollutants.


CONTACT PERSON FOR FOLLOWING CHAPTERS: Ron Severance, Bureau of Air Quality, 17 State House Station Augusta, ME 04333-0017. Tel: (207) 287-7039

CHAPTER 127: New Motor Vehicle Emission Standards
STATUTORY AUTHORITY: 38 MRSA Sections 585, 585-A and 585-D
PURPOSE: This regulation is being amended to incorporate changes to the California Low Emission Vehicle Program.
ANTICIPATED SCHEDULE: June, 2000.
AFFECTED PARTIES: These amendments will affect manufacturers of motor vehicles.

CHAPTER 118: Gasoline Dispensing Facilities Vapor Control
STATUTORY AUTHORITY: 38 MRSA Sections 585 and 585-A
PURPOSE: This regulation is being amended to require that Stage 1 Systems meet CARB certification standards.
ANTICIPATED SCHEDULE: March, 2000
AFFECTED PARTIES: Owners and operators of gasoline dispensing facilities.

CHAPTER 136: Transportation Conformity
STATUTORY AUTHORITY: 38 MRSA Section 585-A
PURPOSE: The Clean Air Act Amendments of 1990 require all transportation plans and programs to demonstrate conformity with the State Implementation Plan (SIP). Conformity to the SIP means that activities will not cause or contribute to any new violations of a national ambient air quality standard (NAAQS), increase the frequency or severity of existing violations, or delay the timely attainment of any standard. This regulation will establish guidelines and standards for making conformity determinations.
ANTICIPATED SCHEDULE: April, 2000.
AFFECTED PARTIES: These amendments will affect the Maine Department of Transportation, metropolitan planning organizations and municipalities.


CONTACT PERSON FOR FOLLOWING CHAPTERS: Don Anderson, Bureau of Air Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: (207) 287-7027

CHAPTER 130: Solvent Degreasers
STATUTORY AUTHORITY : 38 MRSA Section 585-A
PURPOSE: This regulation is being amended to clarify regulatory requirements and incorporate federal maximum available control technology (MACT) requirements for controlling halogenated Hazardous Air Pollutant emissions from six named VOC-containing solvents found on the list of approximately 189 hazardous air pollutants. The amendments will also uniformly extend control requirements to all users of degreasers.
ANTICIPATED SCHEDULE: January, 2000.
AFFECTED PARTIES: These amendments will affect owners and operators of solvent degreasers.

NEW RULE: Industrial Wastewater- Privately Owned Treatment Works
STATUTORY AUTHORITY: 38 MRSA Section 585-A
PURPOSE: This regulation is being adopted to establish emission standards for industrial wastewater treatment facilities.
ANTICIPATED SCHEDULE: May, 2000.
AFFECTED PARTIES: This regulation will affect owners and operators of industrial wastewater treatment facilities.


CONTACT PERSON FOR FOLLOWING CHAPTERS: Judith Landers, Bureau of Air Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: (207) 287-8137.

CHAPTER 113: Growth Offset Regulation
STATUTORY AUTHORITY: 38 MRSA Section 585-A
PURPOSE: This regulation will be amended to reflect changes in federal requirements for offsetting volatile organic compound emissions in ozone attainment areas (if adopted at the federal level).
ANTICIPATED SCHEDULE: April 2000.
AFFECTED PARTIES: This regulation will affect owners and operators of major sources of VOC emissions.


CONTACT PERSON FOR FOLLOWING CHAPTER: Jeff Madore, Bureau of Land and Water Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: (207) 287-7848

CHAPTER 310: Wetland Protection Rules
STATUTORY AUTHORITY: 38 MRSA Section 341-D
PURPOSE: To amend the wetland protection rules to make the definition of peatlands consistent with the definition used by the Land Use Regulation Commission: to further define what types of peatlands constitute wetlands of special significance; and to bring greater consistency to the regulation of these wetlands between the State and the US Army Corps of Engineers. Also, amend other provisions as necessary.
ANTICIPATED SCHEDULE: Winter, 2000.
AFFECTED PARTIES: Regulated community
IS THE PROPOSED REGULATION OR A PROVISION OF THE PROPOSED REGULATION ANTICIPATED TO BE MORE STRINGENT THAN APPLICABLE FEDERAL STANDARDS?
No. Current wetland regulation by the U. S. Army Corps of Engineers ( ACOE ) does not categorize wetlands of special significance. This rule change would bring greater consistency between the State and the ACOE regulatory review.


CONTACT PERSON FOR FOLLOWING CHAPTER: Doug Burdick, Bureau of Land and Water Quality, 312 Canco Road, Portland, ME 04103. Tel: (207) 822-6322

CHAPTER 355: Coastal Sand Dune Rules
STATUTORY AUTHORITY: 38 MRSA Section 341-D
PURPOSE: Update and clarify the Coastal Sand Dune Rules, as needed.
ANTICIPATED SCHEDULE: Not yet scheduled.
AFFECTED PARTIES: Landowners.
IS THE PROPOSED REGULATION OR A PROVISION OF THE PROPOSED REGULATION ANTICIPATED TO BE MORE STRINGENT THAN APPLICABLE FEDERAL STANDARDS? Corresponding federal standards do not exist.


CONTACT PERSON FOR FOLLOWING CHAPTERS: Hetty Richardson, Bureau of Land and Water Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: (207) 287-7799

CHAPTER 371: Definitions of Terms Used in the Site Location of Development Law
CHAPTER 372: Administrative Provisions
CHAPTER 373: Financial and Technical Ability Standards of the Site Location of Development Law
CHAPTER 375: No Adverse Environmental Effect Standard of the Site Location of Development Law
CHAPTER 376: Soil Types Standard of the Site Location of Development law
CHAPTER 377: Infrastructure Standard of the Site Location of Development Law
CHAPTER 379: Rules Regarding Blasting Operations
STATUTORY AUTHORITY: 38 MRSA Section 341-D
PURPOSE: To update and clarify requirements pertaining to the Site Location of Development Law.
ANTICIPATED SCHEDULE: Summer, 2000.
AFFECTED PARTIES: Landowners, development community.


CONTACT PERSON FOR FOLLOWING CHAPTERS: Don Witherill, Bureau of Land and Water Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: (207) 287-7725

CHAPTER 500: Stormwater Management
CHAPTER 502: Direct Watersheds of Waterbodies Most at Risk from New Development
STATUTORY AUTHORITY: 38 MRSA Sections 341-D and 420-D
PURPOSE: To update the lists of "watersheds of waterbodies most at risk" and "sensitive or threatened regions or watersheds", including rivers, streams and brooks. Also, to update other stormwater provisions as necessary.
ANTICIPATED SCHEDULE: Fall 1999 through Summer 2000.
AFFECTED PARTIES: Developers and businesses.


CONTACT PERSON FOR FOLLOWING CHAPTERS: Dennis Merrill, Bureau of Land and Water Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: (207) 287-7788

CHAPTERS 520 - 529: NPDES Wastewater Discharge Program
STATUTORY AUTHORITY: 38 MRSA Section 341-D
PURPOSE: To support assumption of the federal NPDES program. Minor amendments may be needed in response to EPA comments and/or changes in related Federal regulations.
ANTICIPATED SCHEDULE: Winter/Spring, 2000
PARTIES AFFECTED: Persons having or applying for waste discharge licenses.


CONTACT PERSON FOR FOLLOWING CHAPTER: Stephen McLaughlin, Bureau of Land and Water Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: (207) 287-7768

CHAPTER 570: Combined Sewer Overflow Abatement
STATUTORY AUTHORITY: 38 MRSA Section 341-D
PURPOSE: To establish rules regarding required CSO studies, the definition of best practical treatment, requirements for additions of new wastwaters, and the creation of CSO water quality subcategories.
ANTICIPATED SCHEDULE: Fall/Winter, 1999.
AFFECTED PARTIES: Forty communities with Combined Sewer Overflows.


CONTACT PERSON FOR FOLLOWING CHAPTERS: David Courtemanch, Bureau of Land and Water Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: (207) 287-7789

CHAPTER 579: Classification Attainment Evaluation Using Biological Criteria for Rivers and Streams
STATUTORY AUTHORITY: 38 MRSA Section 343-A and 465.
PURPOSE: A new rule to implement narrative standards described in 38 MRSA Section 465.
ANTICIPATED SCHEDULE: Spring, 2000.
AFFECTED PARTIES: Licensed dischargers to waters of the State.

CHAPTER 580: Methods of Water Analysis
STATUTORY AUTHORITY: 38 MRSA Sections 343-A and 465
PURPOSE: Rule includes new section on sampling of aquatic organisms necessary to implement Chapter 579 of these rules. Repeal and replace current Chapter 580
ANTICIPATED SCHEDULE: Spring, 2000.
AFFECTED PARTIES: Licensed dischargers to waters of the State.

CHAPTER 581: Water Quality Evaluations
STATUTORY AUTHORITY: 38 MRSA Sections 343-A and 465
PURPOSE: To add more specific description of assimilative capacity, minimum flows, zone of passage to the subject matter of this rule. Repeal and replace current Chapter 581
ANTICIPATED SCHEDULE: Spring, 2000
AFFECTED PARTIES: Licensed dischargers to waters of the State.

CHAPTER 587: Minimum Flow Requirements for Rivers and Streams
STATUTORY AUTHORITY: 38 MRSA Sections 343-A and 465
PURPOSE: Establish minimum flow requirements for rivers and streams.
ANTICIPATED SCHEDULE: Spring, 2000
AFFECTED PARTIES: Growers, golf-course operators, snow-makers

CHAPTER 530: Surface Waters Toxics Control Program
STATUTORY AUTHORITY: 38 MRSA Sections 343-A and 465
PURPOSE: To amend current rule to include USEPAžs water quality criteria for toxic substances.
ANTICIPATED SCHEDULE: Spring, 2000
AFFECTED PARTIES: Dischargers of toxic materials to waters of the state.


CONTACT PERSON FOR FOLLOWING CHAPTERS: Richard Green, Bureau of Land and Water Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: (207) 287-7765

CHAPTER 592: Small Community Waste Water Program
STATUTORY AUTHORITY: 38 MRSA Section 341-D
PURPOSE: To make minor corrections and clarifications, including some changes necessary for consistency with statute.
ANTICIPATED SCHEDULE: Fall, 1999.
AFFECTED PARTIES: Municipalities and owners of untreated discharges.


CONTACT PERSON FOR FOLLOWING CHAPTERS: David Achorn, Bureau of Land and Water Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: (207) 287-7766

CHAPTER 594: State Contribution to Overboard Discharge Replacement Projects
STATUTORY AUTHORITY: 38 MRSA Section 341-D
PURPOSE: To make minor corrections and clarifications, including some changes necessary for consistency with statute.
ANTICIPATED SCHEDULE: Fall, 1999.
AFFECTED PARTIES: Municipalities, owners of licensed discharges


CONTACT PERSON FOR FOLLOWING CHAPTERS: William Brown, Bureau of Land and Water Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: (207) 287-7764

CHAPTER 595: State Revolving Loan Fund
STATUTORY AUTHORITY: 38 MRSA Section 341-D
PURPOSE: Make "house keeping" changes to clean up rules.
ANTICIPATED SCHEDULE: Winter, 2000.
AFFECTED PARTIES: Municipalities, quasi-municipal corporations, Maine Municipal Bond Bank and the DEP.


CONTACT PERSON FOR FOLLOWING CHAPTERS: Richard Baker, Bureau of Land and Water Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: (207) 287-7730

CHAPTER XXXX: State-imposed Shoreland Zoning Ordinance for Specified Towns (and Amendments to those Ordinances)
STATUTORY AUTHORITY: Title 38 MRSA Section 438-A requires municipalities to adopt shoreland zoning ordinances at least as restrictive as the Board of Environmental Protection's minimum guidelines. Section 438-A also states that when a municipality fails to adopt an ordinance as required, the Board of Environmental Protection shall adopt a suitable ordinance of the Town.
Note: This rule-making may not be undertaken in the coming year. The item is retained in the agenda in case it is needed.
PURPOSE: To provide shoreland zoning ordinances for those municipalities that fail to adopt suitable ordinances as required by 38 MRSA Section 438-A(2).
ANTICIPATED SCHEDULE: As needed basis. In fall of 1999, the Department will be processing a petition to amend the Town of Greene Shoreland Zoning Ordinance.
AFFECTED PARTIES: shoreland property owners and municipal officials.

CHAPTER 1000: State of Maine Guidelines for Municipal Shoreland Zoning Ordinances
STATUTORY AUTHORITY: Title 38 MRSA Section 438(A)(1) requires the Board of Environmental Protection to establish minimum guidelines for Municipal Shoreland Zoning Ordinances. The guidelines may require changes due to legislative amendments, or through any problems which may be encountered as the Department administers the shoreland zoning law.
PURPOSE: To provide up-to-date shoreland zoning standards for municipalities.
ANTICIPATED SCHEDULE: As needed basis. The Guidelines will be amended in the fall of 1999 to include new timber harvesting provisions.
AFFECTED PARTIES: Shoreland property owners, municipal officials.

CHAPTER XXXX: Repeal of State-imposed Shoreland Zoning Ordinance for Specified Towns
STATUTORY AUTHORITY: Title 38 MRSA Section 438-A(4) authorizes the Board of Environmental Protection to adopt a suitable ordinance for any town that fails to do so. When a town later adopts an adequate ordinance, the Board must formally repeal the State-imposed ordinance.
PURPOSE: To repeal state-imposed shoreland zoning ordinance that are no longer necessary.
Note: This rule-making may not be undertaken in the coming year. The item is retained in the agenda in case it is needed.
ANTICIPATED SCHEDULE: As necessary. None scheduled at this time.
AFFECTED PARTIES: Shoreland property owners, municipal officials.


CONTACT PERSON FOR FOLLOWING CHAPTERS: Tammy Gould, Bureau of Land and Water Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: (207) 287-7814

CHAPTER 543: Rules to Control the Subsurface Discharge of Pollutants by Well Injection
STATUTORY AUTHORITY: 38 MRSA § 343, § 413, and § 420
PURPOSE: This regulation will be amended to expressly prohibit certain types of Class V injection wells known to cause ground water pollution and incorporate into state law other data gathering requirements and definitions required by new Class V federal regulations.
ANTICIPATED SCHEDULE: Fall/Winter 2000
AFFECTED PARTIES: This regulation will primarily affect owners/operators of motor vehicle waste disposal wells (garages, engine repair shops, autobody shops).
WHERE IS THE PROPOSED REGULATION OR A PROVISION OF THE PROPOSED REGULATION ANTICIPATED TO BE MORE STRINGENT THAN APPLICABLE FEDERAL STANDARDS? This regulation will be more stringent than applicable federal standards as it will be applied statewide, not just in source water protection areas.
CONSENSUS-BASED RULE DEVELOPMENT? The agency will not engage in a consensus-based rule development process.

CHAPTER: NEW RULE: Siting and Operation of Certain Salt and Sand-Salt Storage Areas
STATUTORY AUTHORITY: 38 MRSA §413, sub-§2-D
PURPOSE: These regulations will describe the conditions that salt and sand-salt storage areas must meet in order to be exempt from having to obtain a waste discharge license, pursuant to 38 MRSA Section 413.
ANTICIPATED SCHEDULE: Summer/Fall 2000
AFFECTED PARTIES: This regulation will affect owners/operators of state and private sand-salt piles and municipalities and counties who choose to relocate existing sand-salt piles.
WHERE IS THE PROPOSED REGULATION OR A PROVISION OF THE PROPOSED REGULATION ANTICIPATED TO BE MORE STRINGENT THAN APPLICABLE FEDERAL STANDARDS? There are no corresponding federal regulations.
CONSENSUS-BASED RULE DEVELOPMENT? The agency will not engage in a consensus-based rule development process.


CONTACT FOR THE FOLLOWING CHAPTERS: John James, Bureau of Remediation and Waste Management, 17 State House Station, Augusta ME 04333. Tel: (207) 287-7866

CHAPTER 411: Non-hazardous Waste Transporter Licenses
STATUTORY AUTHORITY: 38 MRSA Section 1304(1-A)
PURPOSE: This rule establishes the requirements and procedure for obtaining a license to transport solid waste. The bureau proposes to revise it to clarify applicability, streamline reporting requirements, and incorporate changes in law and practice since the rule was adopted in 1991.
ANTICIPATED SCHEDULE: Summer 2000
AFFECTED PARTIES: Persons in the business of collecting and hauling household garbage and other types of solid waste

CHAPTER 418: Beneficial Reuse of Solid Waste
STATUTORY AUTHORITY: 38 MRSA Sections 1304(1) and 1304(13)
PURPOSE: The bureau plans to revise this rule as appropriate based on our initial experience administering the rule since it was adopted late last year.
ANTICIPATED SCHEDULE FOR ADOPTION: Summer 2000
AFFECTED PARTIES: general public; generators of solid waste; persons in the business of reusing solid waste.

CHAPTER 419: Agronomic Utilization of Residuals
STATUTORY AUTHORITY: 38 MRSA Sections 1304(1) and 1304(13)
PURPOSE: The rule will be revised to make minor clarifying revisions and to incorporate changes in corresponding federal regulations.
ANTICIPATED SCHEDULE FOR ADOPTION: Fall 1999
AFFECTED PARTIES: The rule applies to generators of sludge and other solid waste residuals that are applied to the land. The rule benefits those who live near fields and other areas where the residuals are applied.

CHAPTER 424: Lead Abatement Rules
STATUTORY AUTHORITY: 38 MRSA Section 1295
PURPOSE: The bureau plans to make several minor, housekeeping changes. The changes are non-substantive and will ensure that the rule terminology is consistent with the lead abatement statute.
ANTICIPATED SCHEDULE FOR ADOPTION: Fall 1999
AFFECTED PARTIES: The rule will apply to persons engaged in residential lead-based paint activities. It will benefit owners of residents with lead-based paint.

CHAPTER 425: Asbestos Management Regulations
STATUTORY AUTHORITY: 38 MRSA Section 1295
PURPOSE: The bureau may revise this rule to incorporate alternative removal techniques and other changes in asbestos abatement practice since the rule was adopted in 1994.
ANTICIPATED SCHEDULE FOR ADOPTION: Summer 2000
AFFECTED PARTIES: Persons engaged in asbestos abatement work, and owners and residents of buildings with asbestos-containing material.

CHAPTER 600: Oil Spill Prevention and Pollution Control
STATUTORY AUTHORITY: 38 MRSA Section 546(4)
PURPOSE: This rule governs the siting and operation of marine oil terminals. The bureau is updating the rule to incorporate changes in law and technology since 1979 when chapter 600 was last amended.
ANTICIPATED SCHEDULE FOR ADOPTION: Fall 1999
AFFECTED PARTIES: The rule benefits the general public, commercial fishermen and others who use our coastal resources. The rule applies to owners and operators of oil terminal facilities and ocean-going vessels that serve marine oil terminals.

CHAPTER 650: Oil Spill Damage Claims
STATUTORY AUTHORITY: 38 MRSA Section 341-D(1-B).
PURPOSE: The bureau proposes to amend this rule to reflect changes in state law and administrative practice since chapter 650 was last revised in 1983.
ANTICIPATED SCHEDULE FOR ADOPTION: Summer 2000
AFFECTED PARTIES: Persons filing claims under 38 MRSA Sections 551(2) and 569-A for coverage of damages from an oil discharge.

CHAPTER 685: Reimbursement of Oil Import Fees
STATUTORY AUTHORITY: 38 MRSA Section 341-D(1-B).
PURPOSE: The bureau proposes to adopt new chapter 685 to clarify the circumstances under which fees assessed on imported oil under 38 MRSA Section 569-A may be reimbursed, and to specify the procedure for seeking reimbursement.
ANTICIPATED SCHEDULE FOR ADOPTION: Summer 2000
AFFECTED PARTIES: Persons subject to fees on imported oil under 38 MRSA Section 569-A(5).

CHAPTER 695: Rules for Underground Hazardous Substance Storage Facilities
STATUTORY AUTHORITY: 38 MRSA Section 1364(2).
PURPOSE: The bureau plans to make several minor clarifying changes to this rule. Among other things, the rule needs to be revised to reflect a statutory change that eliminates the need for certified underground hazardous substance storage tank installers. See PL 1997, c. 363.
ANTICIPATED SCHEDULE FOR ADOPTION: Spring 2000
AFFECTED PARTIES: The rule will affect owners and operators of underground hazardous substance storage tanks, and persons who install and remove such tanks.

CHAPTER 800: Identification of Hazardous Matter
STATUTORY AUTHORITY: 38 MRSA Section 1319(1).
PURPOSE: The bureau plans to repeal this rule and replace it with a revised rule that updates the list of substances constituting hazardous matter and that incorporates statutory changes since chapter 800 was adopted in 1981.
ANTICIPATED SCHEDULE FOR ADOPTION: Spring 2000
AFFECTED PARTIES: The rule applies to persons having care, custody, possession or control of hazardous matter. It benefits the general public by requiring disclosure when hazardous matter is mishandled.

CHAPTER 801: Discharge of Hazardous Matter: Removal and Written Reporting Procedures
STATUTORY AUTHORITY: 38 MRSA Section 1319(2).
PURPOSE: The bureau plans to repeal this rule and replace it with updated reporting and removal requirements in chapter 800.
ANTICIPATED SCHEDULE FOR ADOPTION: Fall 98
AFFECTED PARTIES: Persons having care, custody, possession or control of hazardous matter.

CHAPTERS 850 - 857: Hazardous Waste Management
STATUTORY AUTHORITY: 38 MRSA Section 1319-O(1).
PURPOSE: The bureau plans to update these rule chapters to incorporate changes in state and federal law, and to facilitate the recycling of certain hazardous wastes.
ANTICIPATED SCHEDULE FOR ADOPTION: Summer 2000
AFFECTED PARTIES: General public; generators and handlers of hazardous waste.

CHAPTERS 860: Waste Oil Management Rules
STATUTORY AUTHORITY: 38 MRSA Section 1319-O(2).
PURPOSE: The bureau proposes to expand the scope of the rule, consistent with federal waste oil regulations, so that it applies to synthetic oil and to service station operators and others not currently subject to the rule.
ANTICIPATED SCHEDULE FOR ADOPTION: Summer 2000
AFFECTED PARTIES: The rule applies to generators and handlers of waste oil.

CHAPTER 900: Biomedical Waste Management
STATUTORY AUTHORITY: 38 MRSA Section 1319-O(3).
PURPOSE: The bureau plans to raise the application and registration fees under this rule and establish a mail-in sharps program.
ANTICIPATED SCHEDULE FOR ADOPTION: Summer 2000
AFFECTED PARTIES: The rule applies persons who generate biomedical waste. The mail-in sharps program likely will be available only to persons who generate fewer than 50 pounds of sharps (needles, etc.) per month.


AGENCY UMBRELLA-UNIT NUMBER: 06-481
AGENCY: Board of Underground Storage Tank Installers
CONTACT PERSON: James Hynson, Staff, c/o Maine Department of Environmental Protection, 17 State House Station, 04333-0017. Tel: (207) 287-2651.

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1999-2000 RULE-MAKING ACTIVITY:

CHAPTER 5: Certification of Underground Gasoline Tank Removers (Amendment)
STATUTORY AUTHORITY: 32 MRSA Sections 10003.2 and 10010.5.B
PURPOSE: These rules specify the certification process and requirements for underground gasoline tank removers. Amendments would seek to obtain consistency with legislation which amended on-site examination requirements to allow them to be conducted on fuel oil tanks.
ANTICIPATED SCHEDULE: Winter 1999/2000.
AFFECTED PARTIES: Applicants and potential applicants for certification as underground gasoline tank installers, owners of underground gasoline tanks who wish them removed.


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