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06
Department of Environmental Protection

2000-2001 Regulatory Agenda



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

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

EXPECTED 2000-2001 RULE-MAKING ACTIVITY:

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 341-D, 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 341-D, 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 585-A
PURPOSE: This rule 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 585, 585-A.
PURPOSE: This rule needs to be amended to incorporate federal maximum available control technology (MACT) standards on emissions of hazardous air pollutants.
ANTICIPATED SCHEDULE: January 2001.
AFFECTED PARTIES: These amendments will primarily affect owners and operators of incinerators, while benefiting the general public.

CHAPTER 113: Growth Offset Regulation
STATUTORY AUTHORITY: 38 MRSA 585-A
PURPOSE: This rule 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 rule will affect owners and operators of major sources of VOC emissions.

CHAPTER 115: Major and Minor Source Air Emission License Regulations
STATUTORY AUTHORITY: 38 MRSA 590, 585-A
PURPOSE: This rule is being amended to reflect the establishment of a separate rule for New Source Review permitting requirements and incorporate changes to the Appendix A modeling protocol.
ANTICIPATED SCHEDULE: May 2001.
AFFECTED PARTIES: This rule will affect owners and operators of licensed air emission sources.

CHAPTER 117: Source Surveillance
STATUTORY AUTHORITY: 38 MRSA 585-A, 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 2001.
AFFECTED PARTIES: This amendment will affect major industrial and commercial sources of air emissions.

CHAPTER 129: Surface Coating Regulations STATUTORY AUTHORITY : 38 MRSA 585-A PURPOSE: This rule is being amended to incorporate federal maximum available control technology (MACT) requirements for controlling Hazardous Air Pollutant emissions.
ANTICIPATED SCHEDULE: December 2000.
AFFECTED PARTIES: These amendments will affect owners and operators of surface coating facilities.

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

CHAPTER 148: New Source Review Regulations
STATUTORY AUTHORITY: 38 MRSA 590, 585-A
PURPOSE: This proposal will establish a separate rule for New Source Review (NSR) permitting requirements. These requirements are currently contained within Chapters 115 and 140 of the Department's rules; the establishment of a separate rule will facilitate the permitting process for new sources of air emissions.
ANTICIPATED SCHEDULE: May 2000.
AFFECTED PARTIES: This rule will affect owners and operators of major sources of air emissions

CHAPTER 149: Distributed Generation Emission Control Requirements
STATUTORY AUTHORITY: 38 MRSA 585-A
PURPOSE: This proposal will establish emission control limits for small electrical generating units.
ANTICIPATED SCHEDULE: February 2001.
AFFECTED PARTIES: This rule will affect owners and operators distributed electrical generating units.

CHAPTER 150: Environmental Performance Standards
STATUTORY AUTHORITY: 38 MRSA 585-A
PURPOSE: This proposal will establish output-based emission performance standards for all providers of electric power.
ANTICIPATED SCHEDULE: June 2001.
AFFECTED PARTIES: This rule will affect retailers and wholesalers of electric power.

CHAPTER 151: Architectural and Industrial Maintenance Coatings
STATUTORY AUTHORITY: 38 MRSA 585-A
PURPOSE: This proposal will establish volatile organic compound emission limits on paints, enamels, varnishes, lacquers and specialty type coatings.
ANTICIPATED SCHEDULE: June 2001.
AFFECTED PARTIES: This rule will affect manufacturers of architectural coatings.

CHAPTER 152: Consumer Products
STATUTORY AUTHORITY: 38 MRSA 585-A
PURPOSE: This proposal will establish volatile organic compound emission limits on consumer products such as air fresheners, hair sprays, insecticides, antiperspirants, cleaning compounds, automotive specialty products cosmetics, lawn and garden products and adhesives.
ANTICIPATED SCHEDULE: June 2001.
AFFECTED PARTIES: This rule will affect manufacturers of consumer products.

CHAPTER 153: Mobile Equipment Refinishing
STATUTORY AUTHORITY: 38 MRSA 585-A
PURPOSE: This proposal will require the use of high efficiency application equipment and enclosed spray gun cleaning for the mobile equipment refinishing industry.
ANTICIPATED SCHEDULE: June 2001.
AFFECTED PARTIES: This rule will affect manufacturers of consumer products.

CHAPTER 154: On-Road and Off-Road Fuels
STATUTORY AUTHORITY: 38 MRSA 585-A
PURPOSE: This proposal will establish cetane level requirements for diesel fuel.
ANTICIPATED SCHEDULE: June 2001.
AFFECTED PARTIES: This rule will affect refiners of diesel fuel.

CHAPTER 155: Fuel Combustion Source NOX Control Requirements
STATUTORY AUTHORITY: 38 MRSA 585-A
PURPOSE: This proposal will establish additional NOX control requirements on sources such as industrial boilers, cement kilns, gas turbines, and diesel and gas internal combustion engines.
ANTICIPATED SCHEDULE: June 2001.
AFFECTED PARTIES: This rule will affect owners and operators of the above facilities.


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 585-A
PURPOSE: This rule needs to be amended to include the latest federal testing methodology.
ANTICIPATED SCHEDULE: November 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 585-B, 585-A PURPOSE: This rule will be amended to reflect attainment status under the 8-hour ozone and fine particulate standards.
ANTICIPATED SCHEDULE: June 2001 (depending on the outcome of litigation).
AFFECTED PARTIES: These amendments will affect the owners or operators of sources located in or impacting these ozone attainment areas.

CHAPTER 118: Gasoline Dispensing Facilities Vapor Control
STATUTORY AUTHORITY: 38 MRSA 585, 585-A
PURPOSE: This rule is being amended to reflect changes to Stage 1 and Stage II system certification standards.
ANTICIPATED SCHEDULE: May 2001.
AFFECTED PARTIES: Owners and operators of gasoline dispensing facilities.


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 585-A.
PURPOSE: This rule 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 2001.
AFFECTED PARTIES: These amendments will primarily affect the general public.

CHAPTER 104: Incinerator Particulate Emission Standard
STATUTORY AUTHORITY: 38 MRSA 585, 585-A
PURPOSE: This rule needs to be amended to incorporate federal maximum available control technology (MACT) standards on emissions of hazardous air pollutants.
ANTICIPATED SCHEDULE: March 2001
AFFECTED PARTIES: These amendments will primarily affect owners and operators of incinerators, while benefiting the general public.

CHAPTER 125: Perchloroethylene Dry Cleaner Regulation
STATUTORY AUTHORITY: 38 MRSA 585, 585-A
PURPOSE: This rule needs to be amended to clarify equipment applicability thresholds and definitions.
ANTICIPATED SCHEDULE: May 2001.
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 585, 585-A
PURPOSE: This rule 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 rule 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 2000 (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 585, 585-A
PURPOSE: This rule 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 rule authorizes the Department to implement delegated federal air emission standards that are incorporated into air emission licenses.
ANTICIPATED SCHEDULE: December, 2000 (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 585, 585-A, 585-D
PURPOSE: This rule is being amended to incorporate changes to the California Low Emission Vehicle Program.
ANTICIPATED SCHEDULE: November 2000.
AFFECTED PARTIES: These amendments will affect manufacturers of motor vehicles.

CHAPTER 136: Transportation Conformity
STATUTORY AUTHORITY: 38 MRSA 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 rule will establish guidelines and standards for making conformity determinations.
ANTICIPATED SCHEDULE: April 2001.
AFFECTED PARTIES: These amendments will affect the Maine Department of Transportation, metropolitan planning organizations and municipalities.

CHAPTER 147: High Pollution Vehicle Retirement Pilot Program
STATUTORY AUTHORITY: 38 MRSA 341-D, subsection 1-B and 10 MRSA 394 et seq.
PURPOSE: This rule establishes a pilot program for the retirement of high-pollution vehicles by providing owners with incentives for scrapping these vehicles and purchasing cleaner vehicles.
ANTICIPATED SCHEDULE: November 2000.
AFFECTED PARTIES: This rule will affect owners of 1987 and older vehicles.

CHAPTER 156: Motor Vehicle Fuel Requirements
STATUTORY AUTHORITY: 38 MRSA 585-A
PURPOSE: This proposal will incorporate regional motor vehicle fuel requirements for gasoline fuels.
ANTICIPATED SCHEDULE: June 2001.
AFFECTED PARTIES: This rule will affect manufacturers of motor vehicle fuels.


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 585-A PURPOSE: This rule 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. At a later date, this rule will also be amended to incorporate hardware and operating practice provisions that are consistent with the MACT for non-hazardous air pollutant VOC cleaners at a later date.
ANTICIPATED SCHEDULE: December 2000 (MACT hardware and operating procedures June, 2001).
AFFECTED PARTIES: These amendments will affect owners and operators of solvent degreasers.

CHAPTER 157: Industrial Wastewater- Privately Owned Treatment Works
STATUTORY AUTHORITY: 38 MRSA 585-A
PURPOSE: This rule is being adopted to establish emission standards for industrial wastewater treatment facilities.
ANTICIPATED SCHEDULE: May 2001.
AFFECTED PARTIES: This rule will affect owners and operators of industrial wastewater treatment facilities.


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 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


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 341-D
PURPOSE: Update and clarify the Coastal Sand Dune Rules, as needed.
ANTICIPATED SCHEDULE: Not yet scheduled.
AFFECTED PARTIES: Landowners.


CONTACT PERSON FOR THE FOLLOWING CHAPTER: Mark Stebbins, Bureau of Land and Water Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.7810

CHAPTER 375, Section 9: Buffer Strip provisions in the No Adverse Environmental Effect Standard of the Site Location Law
STATUTORY AUTHORITY: 38 MRSA 341-D
PURPOSE: Proposing to change the natural buffer strip requirements to reflect the statutory performance standards in 38 MRSA 490-D(7).
ANTICIPATED SCHEDULE: Winter 2000-2001
AFFECTED PARTIES: Holders of Site Location permits (borrow pits), and abutters to such projects.


CONTACT PERSON FOR THE FOLLOWING CHAPTERS: John James, Bureau of Remediation and Waste Management, 17 SHS, Augusta ME 04333. Tel: 207.287.7866

CHAPTER 400: Solid Waste Management - General Provisions
STATUTORY AUTHORITY: 38 MRSA 1304(1)
PURPOSE: The bureau proposes to revise this existing rule to provide for collection and handling of so-called "universal hazardous wastes" at solid waste transfer stations. The rulemaking will be undertaken in conjunction with revisions to chapters 402, 850, 851, 853, 856, and 856 of the DEP rules. The overall purpose of these revisions is to facilitate the safe handling of certain widely-generated hazardous wastes such as spent fluorescent lamps.
ANTICIPATED SCHEDULE: Fall 2000
AFFECTED PARTIES: Municipalities; homeowners; small business

CHAPTER 402: Transfer Stations and Storage Sites for Solid Waste
STATUTORY AUTHORITY: 38 MRSA 1304(1)
PURPOSE: The bureau proposes to revise this existing rule to provide for collection and handling of so-called "universal hazardous wastes" at solid waste transfer stations. The rulemaking will be undertaken in conjunction with revisions to chapters 402, 850, 851, 853, 856, and 856 of the DEP rules. The overall purpose of these revisions is to facilitate the safe handling of certain widely-generated hazardous wastes such as spent fluorescent lamps.
ANTICIPATED SCHEDULE: Fall 2000
AFFECTED PARTIES: Municipalities; homeowners; small business

CHAPTER 411: Non-hazardous Waste Transporter Licenses
STATUTORY AUTHORITY: 38 MRSA 1304(1-A)
PURPOSE: The bureau proposes to revise this existing rule to clarify the requirements and procedure for obtaining a license to transport solid waste, to streamline reporting requirements, and to incorporate changes in law and practice since the rule was adopted in 1991.
ANTICIPATED SCHEDULE: Summer 2001
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 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: Spring 2001
AFFECTED PARTIES: Generators of solid waste; persons in the business of reusing solid waste.

CHAPTER 425: Asbestos Management Regulations
STATUTORY AUTHORITY: 38 MRSA 1295
PURPOSE: To incorporate changes in asbestos abatement practice since chapter 425 was adopted in 1994.
ANTICIPATED SCHEDULE: Spring 2001
AFFECTED PARTIES: Persons engaged in asbestos abatement work, and owners and residents of buildings with asbestos-containing material.

CHAPTER 440: Remediation of Municipal Solid Waste Landfills
STATUTORY AUTHORITY: 38 MRSA 341D(1-B) and 1310-F
PURPOSE: This proposed new rule would specify the circumstances under which the state will share remediation costs at municipal solid waste landfills.
ANTICIPATED SCHEDULE: Spring 2001
AFFECTED PARTIES: Municipalities


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 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 2000 through Summer 2001.
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 341-D
PURPOSE: To support assumption of the federal NPDES program. Amendments may be needed in response to EPA comments and/or changes in related Federal regulations.
ANTICIPATED SCHEDULE: Spring/summer 2001.
PARTIES AFFECTED: Persons having or applying for waste discharge licenses.


CONTACT PERSON FOR THE 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 Subsurface Discharge of Pollutants by Well Injection
STATUTORY AUTHORITY: 38 MRSA 341-D, 413 and 420
PURPOSE: This rule will be amended to express prohibit certain types of Class V injection wells known to cause groundwater pollution and incorporate into state law other data gathering requirements and definitions required by new Class V federal regulations.
ANTICIPATED SCHEDULE: Summer 2002
AFFECTED PARTIES: This will primarily affect owners/operators of motor vehicle waste disposal wells (garages, engine repair shops, autobody shops).

CHAPTER 574: Siting and Operation of Certain Salt and Sand/Salt Storage Areas
STATUTORY AUTHORITY: 38 MRSA 343-A and 413(2-D).
PURPOSE: These rules 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 413.
ANTICIPATED SCHEDULE: Spring 2001
AFFECTED PARTIES: This rule will affect owners/operators of state and private sand/salt piles and municipalities and counties who choose to relocate existing sand/salt piles.


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 530.5: Surface Waters Toxics Control Program
Note: may renumber to Chapter 530.
STATUTORY AUTHORITY: 38 MRSA 343-A, 465
PURPOSE: To amend current rule to include USEPA's water quality criteria for toxic substances, and other changes as may be needed. For example, an assessment of data/implementation of the toxics rule is planned for Fall,2000 and, depending upon the outcome of the assessment, changes might be warranted.
ANTICIPATED SCHEDULE: Fall 2000
AFFECTED PARTIES: Dischargers of toxic materials to waters of the state.

CHAPTER 579: Classification Attainment Evaluation Using Biological Criteria for Rivers and Streams
STATUTORY AUTHORITY: 38 MRSA 343-A and 465.
PURPOSE: A new rule to implement narrative standards described in 38 MRSA 465.
ANTICIPATED SCHEDULE: Winter 2001.
AFFECTED PARTIES: Licensed dischargers to waters of the State.

CHAPTER 580: Methods of Water Analysis
STATUTORY AUTHORITY: 38 MRSA 343-A, 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: Winter 2001.
AFFECTED PARTIES: Licensed dischargers to waters of the State.

CHAPTER 581: Water Quality Evaluations
STATUTORY AUTHORITY: 38 MRSA 343-A, 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, Streams and Lakes
STATUTORY AUTHORITY: 38 MRSA 343-A, 465
PURPOSE: Establish minimum flow requirements for rivers, streams and lakes.
ANTICIPATED SCHEDULE: Summer 2001
AFFECTED PARTIES: Growers, golf-course operators, snow-makers


CONTACT PERSON FOR FOLLOWING CHAPTER: 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 341-D
PURPOSE: To make minor corrections and clarifications, including some changes necessary for consistency with statute.
ANTICIPATED SCHEDULE: Spring 2001.
AFFECTED PARTIES: Municipalities and owners of untreated discharges.


CONTACT PERSON FOR FOLLOWING CHAPTER: 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 341-D
PURPOSE: To make minor corrections and clarifications, including some changes necessary for consistency with statute.
ANTICIPATED SCHEDULE: Fall 2000.
AFFECTED PARTIES: Municipalities, owners of licensed discharges


CONTACT PERSON FOR FOLLOWING CHAPTER: 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 341-D
PURPOSE: Make "house keeping" changes to clean up rules.
ANTICIPATED SCHEDULE: Fall 2001.
AFFECTED PARTIES: Municipalities, quasi-municipal corporations, Maine Municipal Bond Bank and the DEP.


CONTACT PERSON FOR THE FOLLOWING CHAPTERS: John James, Bureau of Remediation and Waste Management, 17 SHS, Augusta ME 04333. Tel: 207.287.7866

CHAPTER 600: Oil Discharge Prevention and Pollution Control Rules for Marine Oil Terminals, Transportation Pipelines and Vessels
STATUTORY AUTHORITY: 38 MRSA 546(4)
PURPOSE: The bureau proposes to revise this existing rule to remove certain provisions governing oil transport vessels. The proposed revisions are to ensure that the rule is consistent with a recent US Supreme Court decision regarding federal preemption of state regulatory authority over vessels.
ANTICIPATED SCHEDULE: Fall 2000
AFFECTED PARTIES: Owners and operators of oil transport vessels.

CHAPTER 685: Reimbursement of Oil Import Fees
STATUTORY AUTHORITY: 38 MRSA 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 569-A may be reimbursed, and to specify the procedure for seeking reimbursement.
ANTICIPATED SCHEDULE: Summer 2001
AFFECTED PARTIES: Owners and operators of marine oil terminals.

CHAPTER 695: Rules for Underground Hazardous Substance Storage Facilities
STATUTORY AUTHORITY: 38 MRSA 1364(2).
PURPOSE: The bureau proposes several minor revisions to clarify this existing to this rule. Among other things, the rule will be revised to reflect a statutory change eliminating the need for certified underground hazardous substance storage tank installers. See PL 1997, c. 363.
ANTICIPATED SCHEDULE: Summer 2001
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 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: Summer 2001
AFFECTED PARTIES: Persons having care, custody, possession or control of hazardous matter.

CHAPTER 801: Discharge of Hazardous Matter: Removal and Written Reporting Procedures
STATUTORY AUTHORITY: 38 MRSA 1319(2).
PURPOSE: The bureau plans to repeal this rule and replace it with updated reporting and removal requirements in chapter 800. This rulemaking will be undertaken in conjunction with the proposed revisions to chapter 800.l
ANTICIPATED SCHEDULE: Summer 2001
AFFECTED PARTIES: Persons having care, custody, possession or control of hazardous matter.

CHAPTERS 850 - 857: Hazardous Waste Management
STATUTORY AUTHORITY: 38 MRSA 1319-O(1).
PURPOSE: The bureau plans to update these rule chapters to promote the safe handled of so-called "universal hazardous waste" (e.g., fluorescent lamps), to add to the list of universal hazardous wastes, and to incorporate changes in federal law since these chapters were last updated in 1994.
ANTICIPATED SCHEDULE: The universal waste revisions are scheduled for Fall and Winter 2000. The federal consistency changes are scheduled for Fall 2001.
AFFECTED PARTIES: Persons who generate or handle hazardous waste; homeowners are exempt.

CHAPTER 860: Waste Oil Management Rules
STATUTORY AUTHORITY: 38 MRSA 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: Summer 2001
AFFECTED PARTIES: Persons who generate or handle waste oil. Homeowners are exempt.

CHAPTER 870: Labeling of Mercury Added Products
STATUTORY AUTHORITY: 38 MRSA 1662.
PURPOSE: This board is required to adopt rules establishing standards for affixing labels to mercury-added products.
ANTICIPATED SCHEDULE: Spring 2001
AFFECTED PARTIES: Manufacturers of mercury-added products.

CHAPTER 900: Biomedical Waste Management
STATUTORY AUTHORITY: 38 MRSA 1319-O(3).
PURPOSE: The bureau proposes to revise this rule to raise the application and registration fees, to establish a mail-in sharps program, and to make other changes related to use of non-incineration waste treatment technologies.
ANTICIPATED SCHEDULE: Summer 2001
AFFECTED PARTIES: Generators of biomedical waste.


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 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 or modify shoreland zoning ordinances for those municipalities that fail to adopt suitable ordinances as required by 38 MRSA 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 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.
AFFECTED PARTIES: Shoreland property owners, municipal officials.

CHAPTER XXXX: Repeal of State-imposed Shoreland Zoning Ordinance for Specified Towns
STATUTORY AUTHORITY: Title 38 MRSA 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.


AGENCY UMBRELLA-UNIT NUMBER: 06-481
AGENCY NAME: 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 2000-2001 RULE-MAKING ACTIVITY:

CHAPTER 5: Certification of Underground Gasoline Tank Removers (Amendment)
STATUTORY AUTHORITY: 32 MRSA 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 recent legislation which amended on-site examination requirements to allow them to be conducted on fuel oil tanks.
ANTICIPATED SCHEDULE: Winter 2000/01.
AFFECTED PARTIES: Applicants and potential applicants for certification as underground gasoline tank removers, owners of underground gasoline tanks who wish them removed.


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