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Home > Agendas > 2006-2007 > Department of Environmental Protection

2006-2007 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 2006-2007 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 BASIS: 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 2006-2007.
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 CHAPTER: Julie Churchill, Office of the Commissioner, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.7881

CHAPTER 80: Reduction of Toxics in Packaging
STATUTORY BASIS: 32 M.R.S.A. 1731-1739
PURPOSE: The existing rule requires amendment to reflect statutory changes related to enforcement that have not been incorporated.
ANTICIPATED SCHEDULE: Not yet scheduled.
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: Carolyn Wheeler, Bureau of Air Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.8159

CHAPTER 100: Definitions Regulation
STATUTORY BASIS: 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 117: Source Surveillance
STATUTORY BASIS: 38 M.R.S.A. 585-A, 590
PURPOSE: This existing rule will be proposed for amendment to improve consistency with federal regulations and across source categories.
ANTICIPATED SCHEDULE: April 2007.
AFFECTED PARTIES: Licensed sources required to operate continuous emission monitoring systems (CEMS).
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CHAPTER 137: Emission Statements
STATUTORY BASIS: 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: November 2006.
AFFECTED PARTIES: Owners and operators of air emission sources.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CHAPTER 150: Emission Standards for Outdoor Wood Boilers
STATUTORY BASIS: 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: March 2007.
AFFECTED PARTIES: Manufacturers and owner/operators of outdoor wood boilers,
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CHAPTER 155: Portable Fuel Container Spillage Control
STATUTORY BASIS: 38 M.R.S.A. 585, 585-A
PURPOSE: This existing rule will be amended to incorporate new permeability standards for portable fuel containers, ease of use requirements, and certification procedures.
ANTICIPATED SCHEDULE: March 2007.
AFFECTED PARTIES: Manufacturers of portable fuel containers.
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 BASIS: 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 2007.
AFFECTED PARTIES: General public and regulated community.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CHAPTER 114: Classification of Air Quality Control Regions
STATUTORY BASIS: 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 2007.
AFFECTED PARTIES: General public and regulated community.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

Note: the entries for the following two chapters were amended by a filing received on July 26, 2007.
CHAPTER 156: CO2 Budget Trading Program
STATUTORY AUTHORITY: 38 M.R.S.A. 585-A, 38 MRSA C. 3-B
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: Post to public hearing on August 2, 2007; public hearing on September 6, 2007; and adoption on December 6, 2007.
AFFECTED PARTIES: Fossil-fuel fired electric generating units of 25MW output and greater.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 157: CO2 Budget Trading Program Waiver and Suspension
STATUTORY AUTHORITY: 38 M.R.S.A. 585-A, 38 MRSA 580-B(6),
PURPOSE: The proposed Chapter 157 establishes rules to implement the issuance of either a temporary waiver of enforcement or a temporary suspension of compliance obligations under the Chapter 156 CO2 Budget Trading Program pursuant to statutory requirements.
ANTICIPATED SCHEDULE: Post to public hearing on August 2, 2007; public hearing on September 6, 2007; and adoption on December 6, 2007.
AFFECTED PARTIES: Fossil-fuel fired electric generating units of 25MW output and greater.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated
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 113: Growth Offset Regulation
STATUTORY BASIS: 38 M.R.S.A. 585-A
PURPOSE: This existing rule will be proposed for amendment to clarify offset generation and use requirements.
ANTICIPATED SCHEDULE: June 2007.
AFFECTED PARTIES: Owners and operators of major sources.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CHAPTER 121: Emission limitations and Emission Testing of Resource Recovery Facilities
STATUTORY BASIS: 38 M.R.S.A. 585, 585-B, 590
PURPOSE: This existing rule will be proposed for amendment to incorporate the latest federal emission standards for resource recovery facilities.
ANTICIPATED SCHEDULE: February 2007.
AFFECTED PARTIES: Owners and operators of resource recovery facilities.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CHAPTER 143: Standards of Performance for New Sources of Emissions of Air Pollutants
STATUTORY BASIS: 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 2006.
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 BASIS: 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 2006.
AFFECTED PARTIES: Owners and operators of stationary sources of air pollutants.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CONTACT PERSON FOR FOLLOWING CHAPTER: Melissa Morrill, Bureau of Air Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.6102

CHAPTER 136: Transportation Conformity
STATUTORY BASIS: 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: January 2007.
AFFECTED PARTIES: Maine Department of Transportation, metropolitan planning organizations and municipalities.
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: 207.287.5902

CHAPTER 125: Perchloroethylene Dry Cleaner Regulation
STATUTORY BASIS: 38 M.R.S.A. 585, 585-B
PURPOSE: This existing rule will be proposed for amendment to incorporate recent federal requirements for dry cleaning operations.
ANTICIPATED SCHEDULE: December 2006.
AFFECTED PARTIES: Owners and operators of perchloroethylene dry cleaning operations.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CHAPTER 141: Conformity of General Federal Actions
STATUTORY BASIS: 38 M.R.S.A. 585, 585-A
PURPOSE: This existing rule will be proposed for amendment to incorporate recent federal changes to the general conformity requirements.
ANTICIPATED SCHEDULE: December 2006.
AFFECTED PARTIES: Owners and operators of projects subject to federal general conformity requirements.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CHAPTER 152: Control of Emissions of Volatile Organic Compounds from Consumer Products
STATUTORY BASIS: 38 M.R.S.A. 585, 585-A
PURPOSE: This existing rule will be proposed for amendment to incorporate additional consumer products categories.
ANTICIPATED SCHEDULE: February 2007.
AFFECTED PARTIES: Manufacturers and users of consumer products..
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CHAPTER 157: Control of Emissions of Volatile Organic Compounds from Adhesives and Sealants
STATUTORY BASIS: 38 M.R.S.A. 585, 585-A
PURPOSE: This new rule will establish volatile organic compound content limits for industrial adhesive products.
ANTICIPATED SCHEDULE: July 2007.
AFFECTED PARTIES: Manufacturers and users of industrial adhesives.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.<
CONTACT PERSON FOR FOLLOWING CHAPTERS: Hetty Richardson, Bureau of Land and Water Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.7777

CHAPTER 305: Permit By Rule Standards
STATUTORY BASIS: 38 M.R.S.A. 341-D
PURPOSE: This existing rule will be proposed for amendment to address any updates as needed.
ANTICIPATED SCHEDULE: In progress; to be adopted by December 31, 2006.
AFFECTED PARTIES: Regulated community.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CHAPTER 310: Wetlands and Waterbodies Protection Rules
STATUTORY BASIS: 38 M.R.S.A. 341-D and PL 2003, c. 592
PURPOSE: Minor updating, including changes required by recent legislation.
ANTICIPATED SCHEDULE: In progress; to be adopted by December 31, 2006.
AFFECTED PARTIES: Regulated community.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CHAPTERS 335: Significant Wildlife Habitat
STATUTORY BASIS: 38 M.R.S.A. 341-D, 480-A et seq.
PURPOSE: These existing rules are proposed for amendment in order to make corrections and clarifications, and update as needed.
ANTICIPATED SCHEDULE: Summer 2007.
AFFECTED PARTIES: Regulated community.
CONSENSUS BASED RULE DEVELOPMENT: Not applicable.
CONTACT PERSON FOR FOLLOWING
CHAPTERS: Jeff Madore, Bureau of Land and Water Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.7848.

CHAPTERS 371 et seq.: Site Location of Development Rules (several chapters)
STATUTORY BASIS: 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.
Amendment filed June 18, 2007

CONTACT PERSON FOR THE FOLLOWING CHAPTER: Carole Cifrino, Bureau of Remediation & Waste Management, 17 State House Station, Augusta ME 04333-0017. Phone: (207) 287-7720.

CHAPTER 415: Reasonable Costs for Handling and Recycling of Electronic Wastes
STATUTORY AUTHORITY: 38 MRSA 1610(5)(D)(1)
PURPOSE: Chapter 415 is proposed for amendment pursuant to citizen petition. The amendment would authorize approval of electronic waste consolidators before the annual review process under the current rule. A consolidator must be approved under chapter 415 in order to be eligible for reimbursement by TV and computer manufacturers. Maine law at 38 MRSA 1610(5)(D) requires the manufacturers to pay the "reasonable" costs of consolidating waste computer monitors and TVs for recycling."
SCHEDULE:
June 07: publish notice of proposed rule
July 07: public comment deadline
August 07: prepare response to comments
September 07: present draft rule to Board of Environmental Protection for final action
AFFECTED PARTIES: The amended rule will affect persons engaged in the business of collecting, consolidating and otherwise handling waste electronics for recycling; and Manufacturers of waste TVs and computer monitors.
IS THE PROPOSED RULE OR ANY PROVISION OF THE PROPOSED RULE ANTICIPATED TO BE MORE STRINGENT THAN APPLICABLE FEDERAL STANDARDS? No.
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 450: Administrative Regulations for Hydropower Projects:
STATUTORY BASIS: 5 M.R.S.A. Chapter 375, 12 M.R.S.A., Chapters 200 and 206-A, and 38 M.R.S.A. 343-A and 630-637.
PURPOSE: If needed, this existing rule will be proposed for amendment to implement statutory changes potentially proposed in 2007 regarding tidal power projects.
ANTICIPATED SCHEDULE: Summer 2007.
AFFECTED PARTIES: Hydropower operators
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 BASIS: 38 M.R.S.A. 341-D, 420-D
PURPOSE: This existing rule will be proposed for amendment to address issues that have arisen with the most recent version, and to update the lists of "watersheds or waterbodies most at risk" and "urban impaired streams"; and to update other stormwater provisions as necessary.
ANTICIPATED SCHEDULE: In progress; to be adopted by December 31, 2006.
AFFECTED PARTIES: Land developers and businesses.
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 519: Interim Effluent Limitations and Controls for the Discharge of Mercury
STATUTORY BASIS: 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 2007.
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 BASIS: 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: Spring 2007.
PARTIES AFFECTED: Persons having or applying for waste discharge licenses.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.
CONTACT PERSON FOR FOLLOWING CHAPTERS: Hetty Richardson, Bureau of Land and Water Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.7799.

CHAPTERS 529: General Permits for Certain Wastewater Discharges
STATUTORY BASIS: 38 M.R.S.A. 341-D
PURPOSE: Minor amendments to bring chapter into conformance with existing statutes.
ANTICIPATED SCHEDULE: Winter 2006-2007.
PARTIES AFFECTED: Persons seeking authorization under a general permit.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.
CONTACT PERSON FOR FOLLOWING CHAPTER: John True, Bureau of Land and Water Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.7808

CHAPTER 570: Combined Sewer Overflow Abatement:
STATUTORY BASIS: 38 M.R.S.A. 341-D and 464(2-B)
PURPOSE: If needed, this existing rule will be proposed for amendment to implement statutory changes potentially proposed in 2007.
ANTICIPATED SCHEDULE: Summer 2007.
AFFECTED PARTIES: Municipalities, quasi-municipal corporations.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.
CONTACT PERSON FOR FOLLOWING CHAPTER: Barry Mower, Bureau of Land and Water Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.7777.

CHAPTER 584: Water Quality Criteria for Toxics
STATUTORY BASIS: 38 M.R.S.A. 341-D, 464, 465, 480-C
PURPOSE: Adopt a BAF (bioaccumulation factor).
ANTICIPATED SCHEDULE: Not yet determined.
AFFECTED PARTIES: Industry, POTWs, fish and consumers.
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: In-stream Flow and Water Level Standards
STATUTORY BASIS: 38 M.R.S.A. 341-D, 465, 480-C, 470-H
PURPOSE: This new rule will be proposed to implement the requirement of 38 M.R.S.A. 470-H 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: In progress; to be adopted by December 31, 2006.
AFFECTED PARTIES: Public water supplies, growers, golf course operators, snow-makers, other large consumptive water users.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.
CONTACT PERSON FOR THE FOLLOWING CHAPTER: Tim MacMillan, 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 BASIS: 38 M.R.S.A. 341-D, 411-A , 413, 414-A
PURPOSE: If needed, this existing rule will be proposed for amendment to implement statutory changes proposed in 2007.
ANTICIPATED SCHEDULE: Summer 2007.
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 BASIS: 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: Winter 2006-2007.
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 BASIS: 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: If needed, this existing rule will be proposed for amendment to implement statutory changes proposed in 2007.
ANTICIPATED SCHEDULE: Summer 2007.
AFFECTED PARTIES: Owners of overboard discharges.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.
CONTACT PERSON FOR FOLLOWING CHAPTERS: Rich Baker, Bureau of Land and Water Quality, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.7730.

CHAPTER [yet to be assigned]: State-imposed Shoreland Zoning Ordinance for Specified Towns (and Amendments to those Ordinances)
STATUTORY BASIS: 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 BASIS: 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 BASIS: 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: Not yet determined.
AFFECTED PARTIES: Wastewater dischargers, agriculture.
CONSENSUS BASED RULE DEVELOPMENT: Not contemplated.
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 BASIS: 38 MRSA 1304(1)
PURPOSE: Minor revisions to this rule are planned.
ANTICIPATED SCHEDULE: Spring 2007.
AFFECTED PARTIES: Solid waste handlers and facility operators.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CHAPTER 401: Landfill Disposal Facililties
STATUTORY AUTHORITY: 38 MRSA 1304(1)
PURPOSE: Revisions to provisions on landfill gas management
ANTICIPATED SCHEDULE: Spring 2007
AFFECTED PARTIES: Solid facility operators
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CHAPTER 402: Transfer Stations / Storage Facilities for Municipal Solid Waste
STATUTORY BASIS: 38 MRSA 1304(1)
PURPOSE: This rule will be amended to provide for collection of household hazardous waste.
ANTICIPATED SCHEDULE: Spring 2007.
AFFECTED PARTIES: Operators of solid waste transfer stations and storage facilities.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CHAPTER 409: Solid Waste Processing Facilities
STATUTORY BASIS: 38 MRSA 1304(1)
PURPOSE: This rule will be amended to regulate automobile crushing.
ANTICIPATED SCHEDULE: Spring 2007.
AFFECTED PARTIES: Solid waste handlers and facility operators.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.

CHAPTER 411: Non-hazardous Waste Transporter Licenses
STATUTORY BASIS: 38 MRSA 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 2007.
AFFECTED PARTIES: Persons who transport solid waste.
CONSENSUS-BASED RULE DEVELOPMENT: Not applicable.
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 BASIS: 38 MRSA 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 2006.
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 800: Identification of Hazardous Matter
STATUTORY BASIS: 38 MRSA 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 2007.
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 BASIS: 38 MRSA 1319(2)
PURPOSE: This rule will be repealed and replaced in conjunction with revisions to chapter 800.
ANTICIPATED SCHEDULE: Summer 2007.
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 BASIS: 38 MRSA 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 2006.
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, DEP-BRWM, 17 SHS, Augusta ME 04333-0017. Tel: 207.287.7853

CHAPTERS 850-857: Hazardous Waste Management Rules
STATUTORY BASIS: 38 MRSA 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 2007.
AFFECTED PARTIES: Hazardous waste generators.
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 2006-2007 RULE-MAKING ACTIVITY: none planned.