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Department of Environmental Protection

2004-2005 Regulatory Agenda



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, ME 04333-0017. Tel: 207.287.8662

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None.

EXPECTED 2004-2005 RULE-MAKING ACTIVITY:

CONTACT PERSON FOR FOLLOWING CHAPTER: Peter Carney, Office of the Commissioner, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.4305

CHAPTER 3: Rules Governing the Conduct of Hearings
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D
PURPOSE: Consolidation and simplification of current Chapters 20, 30, and 40 of the Department regulations concerning adjudicatory, rulemaking, and licensing hearings.
ANTICIPATED SCHEDULE: Winter 2004-05.
AFFECTED PARTIES: Parties and members of the public appearing in Department hearings on enforcement, rulemaking, and licensing.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

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.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CHAPTER 115: Major and Minor Source Air Emission License Regulations
STATUTORY AUTHORITY: 38 M.R.S.A. 585-A
PURPOSE: This existing rule will be proposed for amendment to clarify and simplify application requirements and incorporate administrative changes.
ANTICIPATED SCHEDULE: January 2005.
AFFECTED PARTIES: Owners and operators of licensed air emission sources.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CHAPTER 140: Part 70 Air Emission License Regulations
STATUTORY AUTHORITY: 38 M.R.S.A. 585-A
PURPOSE: This existing rule will be proposed for amendment to incorporate federal changes to the Title V operating permit program, clarify and simplify application requirements and incorporate administrative changes.
ANTICIPATED SCHEDULE: January 2005.
AFFECTED PARTIES: Owners and operators of major sources of air emissions.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CHAPTER 156: General Permit Emission Standards for MACT Sources
STATUTORY AUTHORITY: 38 M.R.S.A. 585-A
PURPOSE: This new rule will be proposed to establish general permit standards for small MACT sources.
ANTICIPATED SCHEDULE: March 2005.
AFFECTED PARTIES: Small sources of hazardous air pollutants that are subject to maximum achievable control technology requirements promulgated by U.S. EPA pursuant to the 1990 Clean Air Act Amendments.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.


Amendment received October 1, 2004:
CONTACT PERSON FOR FOLLOWING CHAPTER: Andrea Lani, Bureau of Air Quality, 17 State House Station Augusta, ME 04333-0017. Tel: (207) 287-2437
CHAPTER 102: Open Burning
STATUTORY AUTHORITY: 38 M.R.S.A. §§ 585, 585-A, 585-B
PURPOSE: The Department is proposing to amend Chapter 102 to align the language in the rule with statutory changes made pursuant to PL 2003 Chapter 245 (the Department's omnibus bill) enacted by the 121st Maine Legislature, first regular session in 2003.
ANTICIPATED SCHEDULE: January, 2004
AFFECTED PARTIES: The proposed amendment will affect the general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.


CONTACT PERSON FOR FOLLOWING CHAPTER: Don Anderson, Bureau of Air Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.7027

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 121st Legislature.
ANTICIPATED SCHEDULE: November 2004.
AFFECTED PARTIES: General public.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CONTACT PERSON FOR FOLLOWING CHAPTERS: Andrea Lani, Bureau of Air Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.7027

CHAPTER 110: Ambient Air Quality Standards
STATUTORY AUTHORITY: 38 M.R.S.A. 584
PURPOSE: The existing rule will be proposed for amendment to incorporate new federal ambient air quality standards for ozone and particulate matter.
ANTICIPATED SCHEDULE: March 2005.
AFFECTED PARTIES: General public and regulated community.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CHAPTER 114: Classification of Air Quality Control Regions
STATUTORY AUTHORITY: 38 M.R.S.A. 583-B, 585-A
PURPOSE: The existing rule will be proposed for amendment to update air quality control region classifications based on new federal ozone and particulate matter standards.
ANTICIPATED SCHEDULE: March 2005.
AFFECTED PARTIES: General public and regulated community.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CONTACT PERSON FOR FOLLOWING CHAPTER: 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: The existing rule will be proposed for amendment to incorporate the CA LEV zero emission vehicle mandate and heavy duty engine standards.
ANTICIPATED SCHEDULE: October 2004.
AFFECTED PARTIES: Motor vehicle manufacturers and dealers, purchasers of motor vehicles.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

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 2005.
AFFECTED PARTIES: Maine Department of Transportation, metropolitan planning organizations and municipalities.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

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 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 2004.
AFFECTED PARTIES: Owners and operators of stationary sources of air pollutants.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

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 2004.
AFFECTED PARTIES: Owners and operators of stationary sources of air pollutants.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CONTACT PERSON FOR FOLLOWING CHAPTERS: Carolyn Wheeler, Bureau of Air Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.7027

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: October 2004.
AFFECTED PARTIES: Manufacturers of architectural coatings.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CONTACT PERSON FOR FOLLOWING CHAPTER: 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 address changes related to coastal sand dune systems, to repeal coastal piers as an activity, and other areas as needed.
ANTICIPATED SCHEDULE: Fall 2004.
AFFECTED PARTIES: Regulated community.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

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 355: Sand Dune Rules
STATUTORY AUTHORITY: PL 2003, Chapter 130 requiring provisionally adopted rules by January 16, 2006
PURPOSE: Amend chapter.
ANTICIPATED SCHEDULE: Fall 2005.
AFFECTED PARTIES: Coastal shorefront property owners.
CONSENSUS BASED RULE DEVELOPMENT: Not applicable.

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, 420-D
PURPOSE: This existing rule will be proposed for amendment to address changes needed due to delegation of the federal NPDES program to Maine; to update the lists of "watersheds or waterbodies most at risk" and "sensitive or threatened regions or watersheds", including rivers, streams and brooks; and to update other stormwater provisions as necessary.
ANTICIPATED SCHEDULE: Summer/Fall 2004.
AFFECTED PARTIES: Land developers and businesses.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

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, 413, 420
PURPOSE: This existing rule will be proposed for amendment to implement statutory changes enacted in 2001.
ANTICIPATED SCHEDULE: Fall 2005.
AFFECTED PARTIES: Dischargers of mercury to surface waters of the state.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CHAPTERS 520-529: MEPDES Wastewater Discharge Program
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D
PURPOSE: This existing rule will be proposed for amendment to respond to U.S. EPA comments and/or changes in related Federal regulations.
ANTICIPATED SCHEDULE: Fall 2005.
PARTIES AFFECTED: Persons having or applying for waste discharge licenses.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CHAPTER 530.5: Surface Waters Toxics Control Program
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D(1-B), 465
PURPOSE: This existing rule will be proposed for amendment to revise applicability, testing requirements, consideration of background concentrations, and other changes as may be needed. U.S. EPA's water quality criteria for toxic substances will be moved to a new rule, Chapter 584.
ANTICIPATED SCHEDULE: Fall 2004.
AFFECTED PARTIES: Dischargers of toxic materials to waters of the state.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CHAPTER 584: Surface Water Quality Criteria for Toxic Pollutants
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D(1-B), 420, 465
PURPOSE: This new rule will be proposed to include U.S. EPA's water quality criteria for toxic substances, and procedures for development of statewide and site specific criteria.
ANTICIPATED SCHEDULE: Fall 2004.
AFFECTED PARTIES: Dischargers of toxic materials to waters of the state.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CONTACT PERSON FOR THE FOLLOWING CHAPTER: To be determined, Bureau of Land and Water Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: 207-287-3901

CHAPTERS 529: General Permits for Certain Wastewater Discharges
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D
PURPOSE: Changes may need to be made to better support general permits that DEP may wish to issue in the future, such as changes to the review time provision. The rule may also need to be updated based upon USEPA comments and/or changes in related Federal regulations.
ANTICIPATED SCHEDULE: Fall 2004.
PARTIES AFFECTED: Persons having or applying for authorization under general permits.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CONTACT PERSON FOR THE FOLLOWING CHAPTER: Dick Darling, Bureau of Land and Water Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.7806
CHAPTER 531: Regulations for Wastewater Operator Certification Program
STATUTORY AUTHORITY: 32 M.R.S.A. 4171-82.
PURPOSE: This existing rule will be proposed for amendment to add a new classification of operators of wastewater treatment systems using spray irrigation as the means of treatment and to correct minor mistakes in the rule.
ANTICIPATED SCHEDULE: Fall 2004.
AFFECTED PARTIES: All certified wastewater treatment plant operators.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CONTACT PERSON FOR THE FOLLOWING CHAPTER: Hetty Richardson, Bureau of Land and Water Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.7799

CHAPTER 531: Large Commercial Passenger Vessels
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D(1-B), 413, 423-D
PURPOSE: To enact requirements related to discharges of graywater and graywater/blackwater mixture from large commercial passenger vessels to coastal waters. Specifically, to adopt routine technical rules to implement the requirements in the Federal Consolidated Appropriations Act of 2001, Public Law 106-554, section 1(a)(4), and Appendix D, Division B, Title XIV, section 1404(b) or (c), 114 Stat. 2763 & 2763A-316, and Code of Federal Regulations, Title 33, section 159.315 and other provisions as appropriate.
ANTICIPATED SCHEDULE: Fall/winter 2004.
AFFECTED PARTIES: Owners and operators of large commercial passenger vessels intending to discharge graywater or graywater/blackwater mixture to coastal waters.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CONTACT PERSON FOR THE FOLLOWING CHAPTER: Mark Margerum, 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, 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 2005.
AFFECTED PARTIES: This will primarily affect owners/operators of motor vehicle waste disposal wells (garages, engine repair shops, autobody shops).
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CONTACT PERSON FOR FOLLOWING CHAPTER: David Courtemanch, Bureau of Land and Water Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.7789

CHAPTER 584: Water Quality Criteria for Toxics
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D, 465, 480-C
PURPOSE: Adopt a BAF (bioaccumulation factor).
ANTICIPATED SCHEDULE: Fall 2004.
AFFECTED PARTIES: Industry, fish consumers.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 587: Water Use Standards
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D, 465, 480-C
PURPOSE: This new rule will be proposed to implement the requirement of 38 M.R.S.A. 470-E that the BEP adopt rules that establish water use standards for maintaining in-stream flows and GPA lake or pond water levels that are protective of aquatic life and other uses and that establish criteria for designating watersheds most at risk from cumulative water use.
ANTICIPATED SCHEDULE: Spring 2005.
AFFECTED PARTIES: Growers, golf course operators, snow-makers, other large consumptive water users.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

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 589: Title Not Yet Assigned
STATUTORY AUTHORITY: Resolves 2003, ch. 37
PURPOSE: Specify protocols and procedures for evaluation of the resident biological community in water storage reservoirs.
ANTICIPATED SCHEDULE: Not yet determined.
AFFECTED PARTIES: Dischargers to and those with an interest in water storage reservoirs and rivers.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CONTACT PERSON FOR THE FOLLOWING CHAPTER: Richard Green, Bureau of Land and Water Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.7765

CHAPTER 594: State Contribution to Overboard Discharge Replacement Projects
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D, 411-A , 413, 414-A
PURPOSE: This existing rule will be proposed for amendment to implement statutory changes enacted in 2003.
ANTICIPATED SCHEDULE: Summer/Fall 2004.
AFFECTED PARTIES: Owners of overboard discharges.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CONTACT PERSON FOR FOLLOWING CHAPTER: Steve McLaughlin, 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. 411; 30-A M.R.S.A. 6006-A
PURPOSE: This existing rule is proposed for amendment to reflect federal and state legislative and regulatory changes.
ANTICIPATED SCHEDULE: Not yet determined.
AFFECTED PARTIES: Municipalities, quasi-municipal corporations, Maine Municipal Bond Bank and the DEP.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CONTACT PERSON FOR THE FOLLOWING CHAPTER: Pam Parker, Bureau of Land and Water Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287-7905

CHAPTER 596: Overboard Discharges: Licensing and Abandonment
STATUTORY AUTHORITY: 38 M.R.S.A. 413(3), 414(3-A), 414-A(l)(B), 464(4)(A), 464(4)(G), 464(7), 464(8).
PURPOSE: This proposed amendments to the existing Chapter 596 rule contains changes to make the rule consistent with recent amendments to 38 M.R.S.A., sections 411-A(2-A), 413(3) and 414-A(1-B) due to PL 2003, Chapter 246, effective September 13, 2003. The proposed amendments add language to provide consistency and clarity with other chapters, adding necessary definitions and eliminating obsolete terms and sections of the current rule. In addition, the proposed amendments include clarifications on discharge increases and seasonal use, site evaluation requirements and system replacement. Finally, the proposed amendments require implementation of best practicable treatment at all facilities, including those on remote islands.
ANTICIPATED SCHEDULE: Summer/Fall 2004.
AFFECTED PARTIES: Owners of overboard discharges.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

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 1000: State of Maine Guidelines for Municipal Shoreland Zoning Ordinances
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D, 438(A)(1)
PURPOSE: This existing rule will be proposed for amendment to establish standards for public trails, to amend the point system, and other changes as appropriate.
ANTICIPATED SCHEDULE: Fall 2004.
AFFECTED PARTIES: Shoreland property owners, municipal officials, general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

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.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

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 ordinances that are no longer necessary.
ANTICIPATED SCHEDULE: As necessary. None scheduled at this time.
AFFECTED PARTIES: Shoreland property owners, municipal officials.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CONTACT PERSON FOR THE FOLLOWING CHAPTERS: Paula Clark, Bureau of Remediation and Waste Management, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.7718

CHAPTER 400: Solid Waste Management - General Provisions
STATUTORY AUTHORITY: 38 M.R.S.A. 1304(1)
PURPOSE: This existing rule will be amended to make minor revisions.
ANTICIPATED SCHEDULE: Fall 2004.
AFFECTED PARTIES: Solid waste handlers and facility operators.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CHAPTER 411: Non-hazardous Waste Transporter Licenses
STATUTORY AUTHORITY: 38 M.R.S.A. 1304(1-A)
PURPOSE: This existing rule will be amended to clarify requirements 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: Fall 2004.
AFFECTED PARTIES: Persons who transport solid waste.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CHAPTER 418: Beneficial Reuse of Solid Waste
STATUTORY AUTHORITY: 38 M.R.S.A. 1304(1), 1304(13)
PURPOSE: This existing rule will be amended to incorporate changes based on our experience administering the rule since it was last revised in 1999.
ANTICIPATED SCHEDULE: Fall 2004.
AFFECTED PARTIES: Generators of solid waste; persons in the business of reusing solid waste.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CONTACT PERSON FOR THE FOLLOWING CHAPTER: Jamie Tansey, Bureau of Remediation and Waste Management, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.7722

CHAPTER 424: Lead Management
STATUTORY AUTHORITY: 38 M.R.S.A. 1295
PURPOSE: This existing rule will be amended to make minor revisions consistent with federal regulations on lead management.
ANTICIPATED SCHEDULE: Summer 2004.
AFFECTED PARTIES: Persons engaged in abatement of lead-based paint hazards.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CONTACT PERSON FOR THE FOLLOWING CHAPTER: Jim Cumming, Bureau of Remediation and Waste Management, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.7860

CHAPTER 650: Damage Claims - Oil Conveyance Fund
STATUTORY AUTHORITY: 38 M.R.S.A. 546
PURPOSE: The rule is to be revised to reflect changes in statute governing the processing of damage claims arising out of oil discharges.
ANTICIPATED SCHEDULE: Spring 2005.
AFFECTED PARTIES: Persons claiming to have suffered damage from the discharge of oil.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CONTACT PERSON FOR THE FOLLOWING CHAPTERS: John James, Bureau of Remediation and Waste Management, 17 State House Station, Augusta, ME 04333-0017. 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 on imported oil under 38 M.R.S.A., section 569-A may be reimbursed, and specify the procedure for seeking reimbursement.
ANTICIPATED SCHEDULE: Fall 2004.
AFFECTED PARTIES: Owners and operators of marine oil terminals.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

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: Fall 2004.
AFFECTED PARTIES: Owners and operators of underground hazardous substance storage tanks, and persons who install and remove such tanks.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

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: Fall 2004.
AFFECTED PARTIES: Persons having care, custody, possession or control of hazardous matter.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

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: Fall 2004.
AFFECTED PARTIES: Persons having care, custody, possession or control of hazardous matter.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CHAPTER 872: Sale of Mercury Switches, Relays and Measuring Devices
STATUTORY AUTHORITY: 38 M.R.S.A. 1661-C(8)
PURPOSE: This new rule will establish procedures for processing applications for exemption from the law banning sale of mercury switches, relays and measuring devices.
ANTICIPATED SCHEDULE: Fall 2004.
AFFECTED PARTIES: Manufacturers of mercury-added switches, relays and measuring devices.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CONTACT PERSON FOR THE FOLLOWING CHAPTERS: Stacy Ladner, Bureau of Remediation and Waste Management, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.7853

CHAPTERS 856: Licensing of Hazardous Waste Facilities
STATUTORY AUTHORITY: 38 M.R.S.A. 1319-O(1)
PURPOSE: This rule will be amended to make changes in the abbreviated license provisions. Under these provisions, the license review process is streamlined for hazardous waste generators who agree to abide by specified operating standards. The licensing standards vary by facility type.
ANTICIPATED SCHEDULE: Spring 2005.
AFFECTED PARTIES: Hazardous waste generators.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CONTACT PERSON FOR THE FOLLOWING CHAPTER: Scott Austin, Bureau of Remediation and Waste Management, 17 State House Station, Augusta, ME 04333-0017. 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: Fall 2004.
AFFECTED PARTIES: Generators of biomedical waste.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.


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, Augusta, ME 04333-0017. Tel: (207) 287-7889. Email: james.r.hynson@maine.gov

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2004-2005 RULE-MAKING ACTIVITY: None planned.


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