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Home > Agendas > 2005-2006 > Department of Environmental Protection

2005-2006 Regulatory Agendas

06-096
Department of Environmental Protection


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

ANGENCY 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 2005-2006 RULE-MAKING ACTIVITY:


Office of the Commissioner

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 2005-2006.
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: Ron Dyer Office of the Commissioner, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.4512

CHAPTER 80: Reduction of Toxics in Packaging
STATUTORY AUTHORITY: 32 M.R.S.A. § 1731-1739
PURPOSE: The existing rule requires amendment to reflect statutory changes that have not been incorporated.
ANTICIPATED SCHEDULE: Spring 06
AFFECTED PARTIES: These administrative changes will not have a direct impact on the regulated community or the environment.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.
Bureau of Air Quality

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

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.

CONTACT PERSON FOR FOLLOWING CHAPTERS: Jeffrey Crawford, Bureau of Air Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.7647

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 2006.
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 2006.
AFFECTED PARTIES: General public and regulated community.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

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

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: September 2005.
AFFECTED PARTIES: Owners and operators of licensed air emission sources.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

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: The existing rule will be amended to include greenhouse gas emission standards for new motor vehicles.
ANTICIPATED SCHEDULE: October 2005.
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: November 2005. .
AFFECTED PARTIES: Maine Department of Transportation, metropolitan planning organizations and municipalities.
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 137: Emission Statements
STATUTORY AUTHORITY: 38 M.R.S.A. § 585-A, 585-C and 575
PURPOSE: This existing rule will be proposed for amendment to incorporate new reporting thresholds for hazardous air pollutants and greenhouse gas emissions.
ANTICIPATED SCHEDULE: March 2006.
AFFECTED PARTIES: Owners and operators 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: September 2005.
AFFECTED PARTIES: Owners and operators of major sources of air emissions.
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: June 2006 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: June 2006.
AFFECTED PARTIES: Owners and operators of stationary sources of air pollutants.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CHAPTER 150: Emission Standards for Outdoor Wood Boilers
STATUTORY AUTHORITY: 38 M.R.S.A. §§ 585, 585-A
PURPOSE: This new rule will establish emission standards for manufacturers of new outdoor wood boilers sold in Maine, along with restrictions on burning trash and other debris in new and existing units.
ANTICIPATED SCHEDULE: February 2006.
AFFECTED PARTIES: Manufacturers and owner/operators of outdoor wood boilers,
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 151: Architectural and Industrial Maintenance Coatings
STATUTORY AUTHORITY: 38 M.R.S.A. § 585-A
PURPOSE: The existing rule will be proposed for amendment to incorporate changes enacted by the 122nd Maine Legislature. These changes include new VOC content limits for varnishes and interior clear and semitransparent wiping stains.
ANTICIPATED SCHEDULE: July 2005.
AFFECTED PARTIES: Manufacturers of architectural coatings.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 156: Greenhouse Gas Emission Standards for Electric Generating Units
STATUTORY AUTHORITY: 38 M.R.S.A. § 585-A
PURPOSE: This new rule will establish a cap and trade program for the control of greenhouse gas emissions from fossil-fuel fired electric generating units.
ANTICIPATED SCHEDULE: December 2005.
AFFECTED PARTIES: Fossil-fuel fired electric generating units of 25MW output and greater.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.


Bureau of Land and Water

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 any updates as needed.
ANTICIPATED SCHEDULE: Not yet scheduled.
AFFECTED PARTIES: Regulated community.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CONTACT PERSON FOR FOLLOWING CHAPTERS: Judy Gates, Bureau of Land and Water Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287-7691.

CHAPTERS 335: Significant Wildlife Habitat
CHAPTER 375(15): No Adverse Environmental Effect Standard of the Site Location Law, Section 15 (Protection of Wildlife and Fisheries)
STATUTORY AUTHORITY: 38 M.R.S.A. §§ 341-D, 480-A et. seq., 481 et. seq., and PL 2005, ch. 116.
PURPOSE: These existing rules are proposed for amendment in order to add criteria relevant to the regulation of specific types of significant wildlife habitat and other changes as needed.
ANTICIPATED SCHEDULE: Fall 2005 - Fall 2006.
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: Judy Gates, Bureau of Land and Water Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287-7691.

CHAPTERS 371 et seq.: Site Location of Development Rules (several chapters)
STATUTORY AUTHORITY: 38 M.R.S.A. §§ 341-D and 481 et. seq.
PURPOSE: Some or all of several chapters of existing rules adopted pursuant to the Site Law may be proposed for amendment in order to update provisions and standards as needed.
ANTICIPATED SCHEDULE: Not yet scheduled.
AFFECTED PARTIES: Regulated community.
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: Final adoption in October 2005.
AFFECTED PARTIES: Land developers and businesses.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CONTACT PERSON FOR FOLLOWING CHAPTER: Susan Davies, Bureau of Land and Water Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.7778

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 2006.
AFFECTED PARTIES: Dischargers of mercury to surface waters of the state.
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

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 2006.
PARTIES AFFECTED: Persons having or applying for waste discharge licenses.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CONTACT PERSON FOR THE FOLLOWING CHAPTER: Brian Kavanah, Bureau of Land and Water Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: 207-287-7700

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 2006.
PARTIES AFFECTED: Persons having or applying for authorization under general permits.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CONTACT PERSON FOR FOLLOWING CHAPTER: Dennis Merrill, Bureau of Land and Water Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.7788

CHAPTER 530.5: Surface Waters Toxics Control Program
CHAPTER 584: Surface Water Quality Criteria for Toxic Pollutants
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 2005.
AFFECTED PARTIES: Dischargers of toxic materials to waters of the state.
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; to make changes to fees and other programmatic changes needed to meet certification requirements; and to correct minor mistakes in the rule.
ANTICIPATED SCHEDULE: Fall 2005.
AFFECTED PARTIES: All certified wastewater treatment plant operators.
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: 207.287.7842

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 2006.
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: Susan Davies, Bureau of Land and Water Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.7778

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 2005.
AFFECTED PARTIES: Dischargers of toxic materials to waters of the state.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

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 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: Winter 2005-2006.
AFFECTED PARTIES: Growers, golf course operators, snow-makers, other large consumptive water users.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

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 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 2005.
AFFECTED PARTIES: Shoreland property owners, municipal officials, general public.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CHAPTER [yet to be assigned]: 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 [yet to be assigned]: 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.
AFFECTED PARTIES: Shoreland property owners, municipal officials.
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 [yet to be assigned]: Water Quality Criteria for Nutrients
STATUTORY AUTHORITY: 39 M.R.S.A. §§ 341-D, 413.
PURPOSE: Establish ambient water quality criteria for selected nutrients (phosphorus and/or nitrogen) sufficient to prevent algae blooms or other impairments to designated uses.
ANTICIPATED SCHEDULE: 2006
AFFECTED PARTIES: Wastewater dischargers, agriculture.
CONSENSUS BASED RULE DEVELOPMENT: Not contemplated.


Bureau of Remediation & Waste Management

CONTACT PERSON FOR THE FOLLOWING CHAPTERS: Paula Clark, DEP-BRWM, 17 SHS, 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: Minor revisions to this rule are planned.
ANTICIPATED SCHEDULE: Fall 2005.
AFFECTED PARTIES: Solid waste handlers and facility operators.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CHAPTER 401: Landfill Siting, Design and Operation
STATUTORY AUTHORITY: 38 M.R.S.A. § 1304(1)
PURPOSE: This rule will be amended to incorporate current technology.
ANTICIPATED SCHEDULE: Spring 2006
AFFECTED PARTIES: Solid waste handlers and facility operators.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CHAPTER 402: Transfer Stations / Storage Facilities for Municipal Solid Waste
STATUTORY AUTHORITY: 38 M.R.S.A. § 1304(1)
PURPOSE: This rule will be amended to provide for collection of household hazardous waste.
ANTICIPATED SCHEDULE: Spring 2006.
AFFECTED PARTIES: Operators of solid waste transfer stations and storage facilities.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CHAPTER 405: Water Quality Monitoring, Leachate Monitoring, and Waste Characterization
STATUTORY AUTHORITY: 38 M.R.S.A. § 1304(1)
PURPOSE: This rule will be amended to incorporate current technology.
ANTICIPATED SCHEDULE: Spring 2006.
AFFECTED PARTIES: Owners and operators of solid waste facilities.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CHAPTER 409: Solid Waste Processing Facilities
STATUTORY AUTHORITY: 38 M.R.S.A. § 1304(1)
PURPOSE: This rule will be amended to regulate automobile crushing.
ANTICIPATED SCHEDULE: Spring 2006.
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 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: Summer 2006.
AFFECTED PARTIES: Persons who transport solid waste.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CHAPTER 415: Assessment and Reimbursement of Recycling Costs for Electronic Waste
STATUTORY AUTHORITY: 38 M.R.S.A. § 1610(5)(D)(1)
PURPOSE: This proposed new rule will establish the process for determining the manufacturer share of recycling costs for TVs and computer monitors.
ANTICIPATED SCHEDULE: Fall 2005.
AFFECTED PARTIES: Manufacturers of TVs and computer monitors.
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 rule will be amended to update regulatory requirements, including requirements for construction and demolition debris, based on our experience administering the rule since it was last revised in 1999.
ANTICIPATED SCHEDULE: Winter 2005.
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: John James, DEP-BRWM, 17 SHS, 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 clarify the circumstances under which fees on imported oil under 38 M.R.S.A. § 569-A may be reimbursed, and specify the procedure for seeking reimbursement.
ANTICIPATED SCHEDULE: Fall 2005.
AFFECTED PARTIES: Owners and operators of marine oil terminals.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CONTACT PERSON FOR THE FOLLOWING CHAPTER: George Seel, DEP-BRWM, 17 SHS, Augusta ME 04333-0017. Tel: 207.287.7166

CHAPTER 691: Underground Oil Storage Facilities
STATUTORY AUTHORITY: 38 M.R.S.A. § 561 et seq.
PURPOSE: This rule will be amended to incorporate recent changes in statute and make other minor revisions and non-substantive corrections.
ANTICIPATED SCHEDULE: Fall 2005.
AFFECTED PARTIES: Owners and operators of oil storage facilities.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CONTACT PERSON FOR THE FOLLOWING CHAPTERS: John James, DEP-BRWM, 17 SHS, Augusta ME 04333-0017. Tel: 207.287.7866

CHAPTER 695: Rules for Underground Hazardous Substance Storage Facilities
STATUTORY AUTHORITY: 38 M.R.S.A. § 1364(2)
PURPOSE: This rule will be amended to reflect a statutory change eliminating the need for certified underground hazardous substance storage tank installers.
ANTICIPATED SCHEDULE: Summer 2006.
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 rule will be amended to update the list of substances constituting hazardous matter, incorporate statutory changes since original adoption of the rule in 1981, and clarify the circumstances under which hazardous matter spills must be reported to the department.
ANTICIPATED SCHEDULE: Summer 2006.
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 rule will be repealed and replaced in conjunction with revisions to chapter 800.
ANTICIPATED SCHEDULE: Summer 2006.
AFFECTED PARTIES: Persons having care, custody, possession or control of hazardous matter.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CONTACT PERSON FOR THE FOLLOWING CHAPTERS: Stacy Ladner, DEP-BRWM, 17 SHS, Augusta ME 04333-0017. Tel: 207.287.7853

CHAPTERS 850-867: Hazardous Waste Management Rules
STATUTORY AUTHORITY: 38 M.R.S.A. § 1319-O(1)
PURPOSE: These rule chapters will be amended to, among other things, incorporate changes in corresponding federal requirements, add requirements for handling waste gas, and update the abbreviated license provisions. Under the latter provisions, license review is streamlined for hazardous waste generators who agree to abide by specified operating standards. The standards vary by facility type.
ANTICIPATED SCHEDULE: Spring 2006.
AFFECTED PARTIES: Hazardous waste generators.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CONTACT PERSON FOR THE FOLLOWING CHAPTERS: John James, DEP-BRWM, 17 SHS, Augusta ME 04333-0017. Tel: 207.287.7866

CHAPTER 870: Labeling of Mercury-Added Products
STATUTORY AUTHORITY: 38 M.R.S.A. § 1662(1)
PURPOSE: This rule will be revised to provide for labeling of mercury-added lamps.
ANTICIPATED SCHEDULE: Winter 2006.
AFFECTED PARTIES: Manufacturers of mercury-added switches, relays and measuring devices.
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 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 2005.
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 2005-2006 RULE-MAKING ACTIVITY (as amended March 21, 2006):

CHAPTER 1: Administrative Rules
STATUTORY AUTHORITY: 32 MRSA §10004.2
PURPOSE: To amend ethical standards of practice for installers, removers, and inspectors, specifically 06-481 c. 1 §4.A(1)(h) to require certified persons having knowledge of violations of the Board’s enabling statute to provide the Board information and assistance necessary to the final determination of such violation.
ANTICIPATED SCHEDULE: Spring or summer, 2006.
AFFECTED PARTIES: Certified installers, removers, and inspectors.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CHAPTER 3: Certification of Underground Tank Installers
STATUTORY AUTHORITY: 32 MRSA §10004.2, §10011.4
PURPOSE: To amend 06-481 c.3 §2.C to allow the Board to examine and evaluate an applicant’s record with government agencies in addition to the State Police and other licensing boards to evaluate the applicant’s ethical practice, and to enact procedural provisions to specify how an applicant may obtain their examination scores and review their papers relating to their examination.
ANTICIPATED SCHEDULE: Spring or summer, 2006.
AFFECTED PARTIES: Applicants for certification as installers.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CHAPTER 5: Certification of Underground Gasoline Tank Removers
STATUTORY AUTHORITY: 32 MRSA §10004.2, §10011.4
PURPOSE: To amend 06-481 c.5 §1.C to allow the Board to examine and evaluate an applicant’s record with government agencies in addition to the State Police and other licensing boards to evaluate the applicant’s ethical practice, and to enact procedural provisions to specify how an applicant may obtain their examination scores and review their papers relating to their examination.
ANTICIPATED SCHEDULE: Spring or summer, 2006.
AFFECTED PARTIES: Applicants for certification as removers.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CHAPTER 6: Certification of Underground Oil Storage Tank Inspectors
STATUTORY AUTHORITY: 32 MRSA §10004.2, §10011.4
PURPOSE: To amend 06-481 c.6 §1.C to allow the Board to examine and evaluate an applicant’s record with government agencies in addition to the State Police and other licensing boards to evaluate the applicant’s ethical practice, and to enact procedural provisions to specify how an applicant may obtain their examination scores and review their papers relating to their examination.
ANTICIPATED SCHEDULE: Spring or summer, 2006.
AFFECTED PARTIES: Applicants for certification as inspectors.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.