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06 - Department of Environmental Protection
2001-2002 Regulatory Agenda


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


AGENCY UMBRELLA-UNIT NUMBER: 06-096

AGENCY NAME: Department of Environmental Protection

AGENCY RULE-MAKING CONTACT: Jim Dusch, Office of the Commissioner, 17 State House Station, Augusta, Maine 04333. Tel: 207.287.8662

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

EXPECTED 2001-2002 RULEMAKING ACTIVITY:


CONTACT PERSON FOR THE FOLLOWING CHAPTER: Brooke Barnes, Office of the Commissioner, 17 State House Station Augusta, Maine 04333. Tel: 207.287.7887

CHAPTER 2: Rules Governing the Processing of Applications
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D, 343-B
PURPOSE: This existing rule will be proposed for amendment to update prescribed application filing procedures to better implement a fair and efficient process for regulated parties.
ANTICIPATED SCHEDULE: Winter 2001-2002.
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 M.R.S.A. 585-A
PURPOSE: This existing rule is proposed for amendment on an ongoing basis to reflect recent federal and state legislative and regulatory changes affecting definitions.
ANTICIPATED SCHEDULE: Ongoing.
AFFECTED PARTIES: These administrative changes will not have a direct impact on the regulated community or the environment.

CHAPTER 113: Growth Offset Regulation
STATUTORY AUTHORITY: 38 M.R.S.A. 585-A
PURPOSE: This existing rule will be proposed for amendment to reflect changes in federal requirements for offsetting volatile organic compound emissions in ozone attainment areas when adopted at the federal level.
ANTICIPATED SCHEDULE: July 2002.
AFFECTED PARTIES: Owners and operators of major sources of VOC emissions.

CHAPTER 117: Source Surveillance
STATUTORY AUTHORITY: 38 M.R.S.A. 585-A, 590
PURPOSE: This existing rule will be proposed for amendment to provide for the use of alternative predictive emission monitoring systems (PEMS) in lieu of continuous emission monitoring systems (CEMS) and clarify its applicability and performance specification testing requirements.
ANTICIPATED SCHEDULE: July 2002.
AFFECTED PARTIES: Major industrial and commercial sources of air emissions.

CHAPTER 148: Emissions From Stationary Internal Combustion Engines
STATUTORY AUTHORITY: 38 M.R.S.A. 585-A
PURPOSE: This new rule will be proposed to limit emissions of nitrogen oxides (NOx), carbon monoxide (CO) and particulate matter (PM) from stationary internal combustion engines of 450 brake horsepower or greater.
ANTICIPATED SCHEDULE: January 2002.
AFFECTED PARTIES: Owners and operators stationary internal combustion engines.

CHAPTER 149: Distributed Generation Emission Control Requirements
STATUTORY AUTHORITY: 38 M.R.S.A. 585-A
PURPOSE: This new rule will be proposed to establish emission control limits for small electrical generating units.
ANTICIPATED SCHEDULE: June 2002.
AFFECTED PARTIES: Owners and operators distributed electrical generating units.

CHAPTER 150: Environmental Performance Standards
STATUTORY AUTHORITY: 38 M.R.S.A. 585-A
PURPOSE: This proposal will establish output-based emission performance standards for all providers of electric power.
ANTICIPATED SCHEDULE: June 2002.
AFFECTED PARTIES: Retailers and wholesalers of electric power.

CHAPTER 151: Architectural and Industrial Maintenance Coatings
STATUTORY AUTHORITY: 38 M.R.S.A. 585-A
PURPOSE: This new rule will be proposed to establish volatile organic compound emission limits on paints, enamels, varnishes, lacquers and specialty type coatings.
ANTICIPATED SCHEDULE: June 2002.
AFFECTED PARTIES: Manufacturers of architectural coatings.

CHAPTER 152: Consumer Products
STATUTORY AUTHORITY: 38 M.R.S.A. 585-A
PURPOSE: This new rule will be proposed to 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 2002.
AFFECTED PARTIES: Manufacturers of consumer products.

CHAPTER 153: Mobile Equipment Refinishing
STATUTORY AUTHORITY: 38 M.R.S.A. 585-A
PURPOSE: This new rule will be proposed to require the use of high efficiency application equipment and enclosed spray gun cleaning for the mobile equipment refinishing industry.
ANTICIPATED SCHEDULE: June 2002.
AFFECTED PARTIES: Manufacturers of consumer products.

CHAPTER 154: Fuel Combustion Source NOx Control Requirements
STATUTORY AUTHORITY: 38 M.R.S.A. 585-A
PURPOSE: This new rule will be proposed to 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 2002.
AFFECTED PARTIES: Owners and operators of industrial boilers, cement kilns, gas turbines, and diesel and gas internal combustion engines.

CHAPTER 155: Portable Fuel Containers
STATUTORY AUTHORITY: 38 M.R.S.A. 585-A
PURPOSE: This new rule will be proposed to establish permeability limits for portable fuel containers and require these containers to be fitted with spill-proof dispensers.
ANTICIPATED SCHEDULE: June 2002.
AFFECTED PARTIES: Manufacturers of portable fuel containers.


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 M.R.S.A. 585-A
PURPOSE: This existing rule will be proposed for amendment to include the latest federal testing methodology.
ANTICIPATED SCHEDULE: January 2002.
AFFECTED PARTIES: Industrial and commercial sources of visible air emissions while benefiting the general public.

CHAPTER 110: Ambient Air Quality Standards STATUTORY AUTHORITY: 38 M.R.S.A. 585-B, 585-A PURPOSE: This existing rule will be proposed for amendment to reflect statutory changes and federal fine particulate standards
ANTICIPATED SCHEDULE: June 2002 .
AFFECTED PARTIES: Owners or operators of sources located in Maine.

CHAPTER 114: Classification of Air Quality Control Regions STATUTORY AUTHORITY: 38 M.R.S.A. 585-B, 585-A PURPOSE: This existing rule will be proposed for amendment to reflect attainment status under the 8-hour ozone and fine particulate standards.
ANTICIPATED SCHEDULE: June 2002 (depending on federal action).
AFFECTED PARTIES: Owners or operators of sources located in or impacting these ozone attainment areas.

CHAPTER 118: Gasoline Dispensing Facilities Vapor Control
STATUTORY AUTHORITY: 38 M.R.S.A. 585, 585-A
PURPOSE: This existing rule will be proposed for amendment to reflect changes to Stage I and Stage II system certification standards.
ANTICIPATED SCHEDULE: May 2002.
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 M.R.S.A. 585-A
PURPOSE: This existing rule will be proposed for amendment to incorporate legislative changes enacted by the 118th Legislature prohibiting outdoor burning of trash.
ANTICIPATED SCHEDULE: January 2002.
AFFECTED PARTIES: General public.

CHAPTER 104: Incinerator Particulate Emission Standard
STATUTORY AUTHORITY: 38 M.R.S.A. 585, 585-A
PURPOSE: This existing rule will be proposed for amendment to incorporate federal maximum available control technology (MACT) standards on emissions of hazardous air pollutants.
ANTICIPATED SCHEDULE: March 2002.
AFFECTED PARTIES: Owners and operators of incinerators.

CHAPTER 125: Perchloroethylene Dry Cleaner Regulation
STATUTORY AUTHORITY: 38 M.R.S.A. 585, 585-A
PURPOSE: This existing rule will be proposed for amendment to clarify equipment applicability thresholds and definitions.
ANTICIPATED SCHEDULE: May 2002.
AFFECTED PARTIES: Owners and operators of dry cleaning equipment.

CHAPTER 143: Standards of Performance for New Sources of Emissions of Air Pollutants
STATUTORY AUTHORITY: 38 M.R.S.A. 585, 585-A
PURPOSE: This existing rule will be proposed for amendment to incorporate the latest federal new source performance standards (NSPS) for the control of air pollutant emissions.
ANTICIPATED SCHEDULE: December 2002.
AFFECTED PARTIES: Owners and operators of stationary sources of air pollutants.

CHAPTER 144: Standards for Hazardous Air Pollutants for Stationary Sources
STATUTORY AUTHORITY: 38 M.R.S.A. 585, 585-A
PURPOSE: This existing rule will be proposed for amendment to incorporate the latest federal new source performance standards for hazardous air pollutants for stationary sources (NESHAPS).
ANTICIPATED SCHEDULE: December 2002.
AFFECTED PARTIES: Owners and operators of stationary sources of air pollutants.


CONTACT PERSON FOR FOLLOWING CHAPTERS: Lynne Cayting, Bureau of Air Quality, 17 State House Station Augusta, ME 04333-0017. Tel: 207.287.7599

CHAPTER 127: New Motor Vehicle Emission Standards
STATUTORY AUTHORITY: 38 M.R.S.A. 585, 585-A, 585-D
PURPOSE: This existing rule will be proposed for amendment to incorporate changes to the California Low Emission Vehicle (LEV) program, including heavy-duty diesel new engine standards.
ANTICIPATED SCHEDULE: November 2001.
AFFECTED PARTIES: Manufacturers of motor vehicles and heavy-duty engines.

CHAPTER 136: Transportation Conformity
STATUTORY AUTHORITY: 38 M.R.S.A. 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 2002.
AFFECTED PARTIES: Maine Department of Transportation, metropolitan planning organizations and municipalities.

CHAPTER 147: High Pollution Vehicle Retirement Pilot Program
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D(1-B) and 10 M.R.S.A. 394
PURPOSE: This existing rule will be proposed for amendment to incorporate legislative changes including reimbursing automobile recyclers for participation.
ANTICIPATED SCHEDULE: November 2001.
AFFECTED PARTIES: Owners of 1987 and older vehicles.


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 M.R.S.A. 585-A
PURPOSE: This existing rule will be proposed for amendment 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: June 2002.
AFFECTED PARTIES: Owners and operators of solvent degreasers.

CHAPTER 157: Industrial Wastewater Privately Owned Treatment Works
STATUTORY AUTHORITY: 38 M.R.S.A. 585-A
PURPOSE: This new rule will be proposed to establish emission standards for industrial wastewater treatment facilities.
ANTICIPATED SCHEDULE: May 2002.
AFFECTED PARTIES: Owners and operators of industrial wastewater treatment facilities.


CONTACT PERSON FOR FOLLOWING CHAPTERS: Mike Mullen, Bureau of Land and Water Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.4728

CHAPTER 305: Permit By Rule Standards
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D
PURPOSE: This existing rule will be proposed for amendment to respond to Legislative Resolve Chapter 116 directing Maine DEP to develop rules for the cutting and removal of vegetation adjacent to protected natural resources. The rule amendments are necessary to provide for adequate regulation of these activities and to be consistent with both Land Use Regulation Commission and Mandatory Shoreland Zoning standards.
ANTICIPATED SCHEDULE: December 2001 (provisional adoption).
AFFECTED PARTIES: Regulated community.

CHAPTER 310: Wetland Protection Rules
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D
PURPOSE: This existing rule will be proposed for amendment to response to Legislative Resolve Chapter 116 directing the Department to develop rules for the cutting and removal of vegetation adjacent to protected natural resources. The rule amendments are necessary to provide for adequate regulation of these activities and to be consistent with both Land Use Regulation Commission and Mandatory Shoreland Zoning standards.
ANTICIPATED SCHEDULE: December 2001 (provisional adoption).
AFFECTED PARTIES: Regulated community.


CONTACT PERSON FOR FOLLOWING CHAPTER: Jeff Madore, Bureau of Land and Water Quality, 17 State House Station, Augusta ME 04333. Tel: 207.287.7848

CHAPTER 355: Coastal Sand Dune Rules
STATUTORY AUTHORITY: 38 M.R.S.A. 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: William Butler, Bureau of Remediation and Waste Management, 17 State House Station, Augusta, ME 04333. Tel: 207.287.7702

CHAPTER 411: Non-hazardous Waste Transporter Licenses
STATUTORY AUTHORITY: 38 M.R.S.A. 1304(1-A)
PURPOSE: This existing rule will be proposed for amendment 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 2002.
AFFECTED PARTIES: Persons in the business of collecting and hauling household garbage and other types of solid waste


CONTACT PERSON FOR THE FOLLOWING CHAPTER: Paula Clark, Bureau of Remediation and Waste Management, 17 State House Station, Augusta, ME 04333. Tel: 207.287.7718

CHAPTER 418: Beneficial Reuse of Solid Waste
STATUTORY AUTHORITY: 38 M.R.S.A. 1304(1), 1304(13)
PURPOSE: This existing rule will be proposed for amendment to incorporate changes based on our initial experience administering the rule since it was last revised in 1999.
ANTICIPATED SCHEDULE: Spring 2002.
AFFECTED PARTIES: Generators of solid waste; persons in the business of reusing solid waste.


CONTACT PERSON FOR THE FOLLOWING CHAPTER: Ed Antz, Bureau of Remediation and Waste Management, 17 State House Station, Augusta, ME 04333. Tel: 207.287.7829

CHAPTER 425: Asbestos Management Regulations
STATUTORY AUTHORITY: 38 M.R.S.A. 1295
PURPOSE: This existing rule will be proposed for amendment to incorporate changes in asbestos abatement practice since it was adopted in 1994.
ANTICIPATED SCHEDULE: Spring 2002.
AFFECTED PARTIES: Persons engaged in asbestos abatement work, and owners and residents of buildings with asbestos-containing material.


CONTACT PERSON FOR THE FOLLOWING CHAPTER: Ted Wolfe, Bureau of Remediation and Waste Management, 17 State House Station, Augusta, ME 04333. Tel: 207.287.8552

CHAPTER 440: Remediation of Municipal Solid Waste Landfills
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D(1-B), 1310-F
PURPOSE: This new rule will be proposed to specify the circumstances under which the state will share remediation costs at municipal solid waste landfills.
ANTICIPATED SCHEDULE: Summer 2002
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 M.R.S.A. 341-D and 420-D
PURPOSE: This existing rule will be proposed for amendment to update the lists of "watersheds or 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: Not yet scheduled.
AFFECTED PARTIES: Land 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

CHAPTER 519: Interim Effluent Limitations and Controls for the Discharge of Mercury
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D, PL 2001, ch 418.
PURPOSE: This existing rule will be proposed for amendment to implement PL 2001, Chapter 418
ANTICIPATED SCHEDULE: Winter 2002
AFFECTED PARTIES: Dischargers of mercury to surface waters of the state.

CHAPTERS 520 - 529: NPDES Wastewater Discharge Program
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D
PURPOSE: This existing rule will be proposed for amendment to respond to USEPA comments and/or changes in related Federal regulations.
ANTICIPATED SCHEDULE: Fall 2002.
PARTIES AFFECTED: Persons having or applying for waste discharge licenses.

CHAPTER 530.5: Surface Waters Toxics Control Program
Note: may renumber to Chapter 530.
STATUTORY AUTHORITY: 38 M.R.S.A. 343-A, 465
PURPOSE: This existing rule will be proposed for amendment 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 ongoing and, depending upon the outcome of the assessment, changes might be warranted.
ANTICIPATED SCHEDULE: Summer 2002
AFFECTED PARTIES: Dischargers of toxic materials to waters of the state.


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 M.R.S.A. 341-D, 413 and 420
PURPOSE: This existing rule will be proposed for amendment to 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: Spring 2003
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 M.R.S.A. 341-D, 413(2-D).
PURPOSE: This new rule will be proposed to describe the standards 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 M.R.S.A. 413.
ANTICIPATED SCHEDULE: Fall 2001
AFFECTED PARTIES: Owners and 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 579: Classification Attainment Evaluation Using Biological Criteria for Rivers and Streams
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D, 465
PURPOSE: This new rule will be proposed to implement narrative standards described in 38 M.R.S.A. 465.
ANTICIPATED SCHEDULE: Winter 2002.
AFFECTED PARTIES: Licensed dischargers to waters of the State.

CHAPTER 580: Methods of Water Analysis
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D, 465
PURPOSE: This new rule will be proposed to include a section on sampling of aquatic organisms necessary to implement Chapter 579 of these rules. Will repeal and replace current Chapter 580.
ANTICIPATED SCHEDULE: Winter 2002.
AFFECTED PARTIES: Licensed dischargers to waters of the State.

CHAPTER 587: Sustainable Water Use
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D, 465, 480-C
PURPOSE: This new rule will be proposed to implement any future water use laws or policies for rivers, streams and lakes.
ANTICIPATED SCHEDULE: Pending workgroup findings
AFFECTED PARTIES: Growers, golf-course operators, snow-makers, other large consumptive water users


CONTACT PERSON FOR FOLLOWING CHAPTER: Dana Murch, Bureau of Land and Water Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: (207) 287-7784

CHAPTER 585: Dissolved Oxygen Requirements for Rivers and Streams
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D, 465
PURPOSE: This new rule will be proposed to establish minimum DO requirements. Will repeal and replace current Chapter 585. (APA Office Note: the following is taken from an agenda amendment filed on October 1, 2001.) To adopt dissolved oxygen criteria for the support of indigenous fish, to establish procedures for designating fish spawning areas, and to define how dissolved oxygen criteria will be measured in riverine impoundments.
ANTICIPATED SCHEDULE: Fall 2001. AFFECTED PARTIES: All licensed wastewater dischargers.


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 M.R.S.A. 341-D
PURPOSE: This existing rule will be proposed for amendment to correct minor mistakes in the rule.
ANTICIPATED SCHEDULE: Fall 2002.
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 State House Station, Augusta, ME 04333. Tel: 207.287.7866

CHAPTER 685: Reimbursement of Oil Import Fees
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D(1-B).
PURPOSE: This new rule will be proposed to clarify the circumstances under which fees assessed on imported oil under 38 M.R.S.A. 569-A may be reimbursed, and to specify the procedure for seeking reimbursement.
ANTICIPATED SCHEDULE: Summer 2002.
AFFECTED PARTIES: Owners and operators of marine oil terminals.

CHAPTER 695: Rules for Underground Hazardous Substance Storage Facilities
STATUTORY AUTHORITY: 38 M.R.S.A. 1364(2).
PURPOSE: This existing rule will be proposed for amendment to reflect a statutory change eliminating the need for certified underground hazardous substance storage tank installers.
ANTICIPATED SCHEDULE: Summer 2002.
AFFECTED PARTIES: 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 M.R.S.A. 1319(1).
PURPOSE: This existing rule will be proposed for amendment to update the list of substances constituting hazardous matter, and incorporate statutory changes since original adoption 1981.
ANTICIPATED SCHEDULE: Spring 2002.
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 M.R.S.A. 1319(2).
PURPOSE: This existing rule will be proposed for amendment to update reporting and removal requirements now contained in chapter 800.
ANTICIPATED SCHEDULE: Spring 2002.
AFFECTED PARTIES: Persons having care, custody, possession or control of hazardous matter.


CONTACT PERSON FOR THE FOLLOWING CHAPTER: George Seel, Bureau of Remediation and Waste Management, 17 State House Station, Augusta, ME 04333. Tel: 207.287.7166

CHAPTER 691: Rules for Underground Oil Storage Facilities
STATUTORY AUTHORITY: PL 2001, c.302, 3.
PURPOSE: This existing rule will be proposed for amendment to incorporate restrictions on siting new facilities in sand and gravel aquifers.
ANTICIPATED SCHEDULE: Summer 2002.
AFFECTED PARTIES: Developers who propose to put new underground oil storage facilities in sand and gravel aquifers mapped by the Maine Geologic Survey.


CONTACT PERSON FOR THE FOLLOWING CHAPTERS: Stacy Ladner, Bureau of Remediation and Waste Management, 17 State House Station, Augusta, ME 04333. Tel: 207.287.7853

CHAPTERS 850 - 857: Hazardous Waste Management
STATUTORY AUTHORITY: 38 M.R.S.A. 1319-O(1).
PURPOSE: These existing rules will be proposed for amendment to update the list of items regulated as universal hazardous waste and incorporate changes in federal law.
ANTICIPATED SCHEDULE: Rulemaking for universal waste revisions is scheduled to begin Fall 2001. Rulemaking to incorporate changes in corresponding federal law will begin Summer 2002 .
AFFECTED PARTIES: Persons who generate or handle hazardous waste; homeowners are exempt.


CONTACT PERSON FOR THE FOLLOWING CHAPTER: Enid Mitnik, Bureau of Remediation and Waste Management, 17 State House Station, Augusta, ME 04333. Tel: 207.287.8556

CHAPTER 870: Labeling of Mercury Added Products
STATUTORY AUTHORITY: 38 M.R.S.A. 1662.
PURPOSE: This existing rule will be proposed for amendment to make it consistent with recent statutory changes.
ANTICIPATED SCHEDULE: Spring 2002.
AFFECTED PARTIES: Manufacturers of mercury-added products.


CONTACT PERSON FOR THE FOLLOWING CHAPTER: Scott Austin, Bureau of Remediation and Waste Management, 17 State House Station, Augusta, ME 04333. Tel: 207.287.7854

CHAPTER 900: Biomedical Waste Management
STATUTORY AUTHORITY: 38 M.R.S.A. 1319-O(3).
PURPOSE: This existing rule will be proposed for amendment 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 2002.
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: 38 M.R.S.A. 438-A.
PURPOSE: This existing rule will be proposed for amendment to provide or modify shoreland zoning ordinances for those municipalities that fail to adopt suitable ordinances as required by 38 M.R.S.A. 438-A(2).
ANTICIPATED SCHEDULE: As needed basis.
AFFECTED PARTIES: Shoreland property owners and municipal officials.

CHAPTER 1000: State of Maine Guidelines for Municipal Shoreland Zoning Ordinances
STATUTORY AUTHORITY: 38 MRSA 341-D and 438(A)(1)
PURPOSE: This existing rule will be proposed for amendment to establish standards for public trails.
ANTICIPATED SCHEDULE: Spring 2002.
AFFECTED PARTIES: Shoreland property owners, municipal officials, general public.

CHAPTER XXXX: Repeal of State-imposed Shoreland Zoning Ordinance for Specified Towns
STATUTORY AUTHORITY: 38 M.R.S.A. 438-A(4).
PURPOSE: This existing rule will be proposed for amendment to repeal state-imposed shoreland zoning ordinance that are no longer necessary.
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
(Note: This is the agenda as amended on February 13, 2002.)

CONTACT PERSON: James Hynson, Executive Director, c/o Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017. Tel: (207) 287-7889

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2001-2002 RULE-MAKING ACTIVITY:

CHAPTER 1: (Amendments to) Administrative Rules
STATUTORY AUTHORITY: 32 MRSA 10004.2 as amended by PL 2001 Chapter 231, Sec. 7.
PURPOSE: These amendments will make standards of practice and other administrative provisions applicable to underground storage tank inspectors.
ANTICIPATED SCHEDULE: May 2002
AFFECTED PARTIES: Applicants and future certified underground storage tank inspectors.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated.

CHAPTER 2: (Amendments to) Rules of Practice and Procedure Governing Adjudicatory Proceedings
STATUTORY AUTHORITY: 32 MRSA 10004.2 as amended by PL 2001 Chapter 231, Sec. 7.
PURPOSE: These amendments will make rules of practice and procedure for adjudicatory hearings applicable to underground storage tank inspectors.
ANTICIPATED SCHEDULED: May 2002
AFFECTED PARTIES: Future certified underground storage tank inspectors.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated.

CHAPTER 5: (Amendments to) Certification of Underground Gasoline Tank Removers
STATUTORY AUTHORITY: 32 MRSA 10004.2.
PURPOSE: These rules specify the certification process and requirements for underground gasoline tank removers. Amendments would seek to obtain consistency with 32 MRSA 10010.5B.
ANTICIPATED SCHEDULE: May 2002.
AFFECTED PARTIES: Applicants and potential applicants for certification as underground gasoline tank removers.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated.

CHAPTER 6: Certification of Underground Oil Storage Tank Inspectors
STATUTORY AUTHORITY: 32 MRSA 10004.2 as amended by PL 2001 Chapter 231, Sec. 7.
PURPOSE: These rules will specify the requirements and process for certifying underground oil storage tank inspectors.
ANTICIPATED SCHEDULE: May 2002.
AFFECTED PARTIES: Applicants and future certified underground storage tank inspectors.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated.



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