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06
Department of Environmental Protection
1998-99 Regulatory Agenda


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

AGENCY: 06-096 - Department of Environmental Protection

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None


BUREAU NAME: Office of the Commissioner
EXPECTED 1998-99 RULEMAKING ACTIVITY:


CONTACT PERSON FOR FOLLOWING CHAPTER: Brooke Barnes, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.7887

CHAPTER 2: Rules Concerning the Processing of Applications
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D, 343-B
PURPOSE: The amendments will update prescribed application filing procedures to better implement a fair and efficient process for regulated parties.
ANTICIPATED SCHEDULE: Winter 1998-1999.
AFFECTED PARTIES: Any person submitting an application.


CONTACT PERSON FOR FOLLOWING CHAPTER: Jim Dusch, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.8662

NEW RULE: Tax Exemption Certification Rules for Pollution Control Facilities
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D
PURPOSE: This rule will establish a permit-by-rule procedure for certain types of pollution control facilities and an application procedures for facilities not covered under permit-by-rule.
ANTICIPATED SCHEDULE: Winter 1998 - 1999.
AFFECTED PARTIES: Any person seeking Sales and Use Tax or Property Tax exemptions for pollution control facilities.


CONTACT PERSON FOR FOLLOWING CHAPTER: Ron Dyer, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.8662

CHAPTER 80: Reduction of Toxics in Packaging
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D
PURPOSE: This rule will be clarified to appropriately address current issues associated with toxics in packaging.
ANTICIPATED SCHEDULE: Summer 1999.
AFFECTED PARTIES: Person manufacturing or offering packaging for sale in Maine.


BUREAU NAME: Bureau of Air Quality
EXPECTED 1998-99 RULEMAKING ACTIVITY:


CONTACT PERSON FOR FOLLOWING CHAPTERS: Jeffrey Crawford, 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 regulation needs to be amended to reflect recent legislative changes affecting definitions, e.g., modification, waste, refuse-derived fuel, etc., and other new regulations or amendments processed through rulemaking, which require additions or changes to definitions in Chapter 100.
ANTICIPATED SCHEDULE: Ongoing.
AFFECTED PARTIES: These administrative changes resulting from new regulations or amendments will not have a direct impact on the regulated community or the environment.

CHAPTER 103: Fuel Burning Equipment Particulate Emission Standard
STATUTORY AUTHORITY: 38 M.R.S.A. 585, 585-A.
PURPOSE: This regulation needs to be amended to incorporate federal maximum available control technology (MACT) standards on emissions of hazardous air pollutants.
ANTICIPATED SCHEDULE: January, 1999.
AFFECTED PARTIES: These amendments will primarily affect owners and operators of incinerators, while benefiting the general public.

CHAPTER 115: Major and Minor Source Air Emission License Regulations
STATUTORY AUTHORITY: 38 M.R.S.A. 590, 585-A
PURPOSE: This regulation is being amended to reflect the establishment of a separate regulation for New Source Review permitting requirements.
ANTICIPATED SCHEDULE: December, 1998.
AFFECTED PARTIES: This regulation will affect owners and operators of licensed air emission sources.

CHAPTER 117: Source Surveillance
STATUTORY AUTHORITY: 38 M.R.S.A. 585-A, 590
PURPOSE: The proposed amendment to Chapter 117 will provide for the use of alternative predictive emission monitoring systems (PEMS) in lieu of continuous emission monitoring systems (CEMS).
ANTICIPATED SCHEDULE: June, 1999.
AFFECTED PARTIES: This amendment will affect major industrial and commercial sources of air emissions.

CHAPTER 135: Hexavalent Chromium Particulate Emission Standard
STATUTORY AUTHORITY: 38 M.R.S.A. 585, 585-A
PURPOSE: This regulation will be amended to incorporate federal maximum available control technology (MACT) requirements.
ANTICIPATED SCHEDULE: March 1999.
AFFECTED PARTIES: These amendments will affect any source of hexavalent chromium emissions, including fuel burning equipment. incinerator or group processes.

CHAPTER 140: Part 70 Air Emission License Regulations
STATUTORY AUTHORITY: 38 M.R.S.A. 590, 585-A
PURPOSE: This regulation is being amended to reflect the establishment of a separate regulation for New Source Review permitting requirements.
ANTICIPATED SCHEDULE: December, 1998.
AFFECTED PARTIES: This regulation will affect owners and operators of licensed air emission sources.

NEW RULE: CHAPTER 145: OTC NOx Budget Program
STATUTORY AUTHORITY: 38 M.R.S.A. 585-A
PURPOSE: The Ozone Transport Commission (OTC) NOx Memorandum of Understanding (MOU) is a multi-state program to address emissions of nitrogen oxides (or NOx) from major industrial sources through a market based approach. As part of the northern zone, Maine must reduce emissions from its largest sources by 55% from 1990 baseline levels, or meet a 0.2 lbs/mmBtu emission rate by May 1, 2003. Sources will receive an emissions allocation as part of the program, which can be either used by the source, or sold to other facilities.
ANTICIPATED SCHEDULE: September, 1998.
AFFECTED PARTIES: These amendments will affect owners and operators of facilities with boilers and other indirect heat exchangers with a maximum gross heat input of at least 250 million Btu per hour. There are currently 4 sources (all in southern Maine) that would be affected by this regulation.

NEW RULE: CHAPTER 146: New Source Review Regulations
STATUTORY AUTHORITY: 38 M.R.S.A. 590, 585-A
PURPOSE: This proposal will establish a separate regulation for New Source Review (NSR) permitting requirements. These requirements are currently contained within Chapters 115 and 140 of the Department's regulations; the establishment of a separate regulation will facilitate the permitting process for new sources of air emissions.
ANTICIPATED SCHEDULE: December, 1998.
AFFECTED PARTIES: This regulation will affect owners and operators of major sources of air emissions.


CONTACT PERSON FOR FOLLOWING CHAPTERS: Carolyn Wheeler, 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 regulation needs to be amended to include the latest federal testing methodology.
ANTICIPATED SCHEDULE: December, 1998.
AFFECTED PARTIES: These amendments will primarily affect industrial and commercial sources of visible air emissions while benefiting the general public.

CHAPTER 111: Petroleum Liquid Storage Vapor Control
STATUTORY AUTHORITY: 38 M.R.S.A. 585, 585-A
PURPOSE: This regulation needs to be amended to incorporate federal maximum available control technology (MACT) standards on emissions of hazardous air pollutants.
ANTICIPATED SCHEDULE: August 1998.
AFFECTED PARTIES: These amendments will primarily affect owners and operators of fixed roof petroleum storage tanks, while benefiting the general public.

CHAPTER 114: Classification of Air Quality Control Regions
STATUTORY AUTHORITY: 38 M.R.S.A. 585-B, 585-A
PURPOSE: This regulation will be amended to reflect the current 1-hour ozone standard attainment status of Androscoggin, Kennebec, Knox, Lincoln, Waldo and Hancock counties.
ANTICIPATED SCHEDULE: November, 1997.
AFFECTED PARTIES: These amendments will affect the owners or operators of sources located in or impacting these ozone attainment areas.

CHAPTER 123: Paper Coating Regulation
STATUTORY AUTHORITY: 38 M.R.S.A. 343-A, 585-A
PURPOSE: The proposed amendment to Chapter 123 will add a diminimis exemption level for paper coating.
ANTICIPATED SCHEDULE: September, 1998.
AFFECTED PARTIES: These amendments will affect owners and operators of paper coating machines.

CHAPTER 124: Total Reduced Sulfur Control From Kraft Mills
STATUTORY AUTHORITY: 38 M.R.S.A. 585-B
PURPOSE: The amendment to this rule will increase the time that venting of total reduced sulfur (TRS) is allowed. The existing rule allows up to 40 minutes to change over to a back-up control system upon failure or shutdown of the primary system, during which time TRS emissions can be vented to the atmosphere. It restricts other TRS emissions that are uncontrolled or directly vented to the atmosphere to no more than 15 minutes. The proposed amendment would align both venting times, and allow any venting of TRS emissions to the atmosphere for up to 40 minutes.
ANTICIPATED SCHEDULE: October, 1998.
AFFECTED PARTIES: These amendments will affect the owners or operators of kraft mills.


CONTACT PERSON FOR FOLLOWING CHAPTERS: Deborah Avalone-King, 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 regulation needs to be amended to incorporate legislative changes enacted by the 118th Legislature. These include prohibitions against the outdoor burning of plastics, rubber, styrofoam, metals food wastes and chemicals; definition changes and enforcement provisions.
ANTICIPATED SCHEDULE: January, 1999.
AFFECTED PARTIES: These amendments will primarily affect the general public.

CHAPTER 104: Incinerator Particulate Emission Standard
STATUTORY AUTHORITY: 38 M.R.S.A. 585, 585-A
PURPOSE: This regulation needs to be amended to incorporate federal maximum available control technology (MACT) standards on emissions of hazardous air pollutants.
ANTICIPATED SCHEDULE: September, 1998.
AFFECTED PARTIES: These amendments will primarily affect owners and operators of incinerators, while benefiting the general public.

CHAPTER 125: Perchloroethylene Dry Cleaner Regulation
STATUTORY AUTHORITY: 38 M.R.S.A. 585, 585-A
PURPOSE: This regulation needs to be amended to clarify equipment applicability thresholds and definitions.
ANTICIPATED SCHEDULE: October, 1998.
AFFECTED PARTIES: These amendments will affect owners and operators of dry cleaning equipment.

NEW RULE: 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 regulation will incorporate by reference applicable federal new source performance standards (NSPS) for the control of air pollutant emissions. This regulation will authorize the Department to implement delegated federal air emission standards that are incorporated into air emission licenses. The standards reflect the degree of emission limitation achievable through the application of the best system of emission reduction, while accounting for the cost of such reductions and other non-air quality health, environmental and energy impacts.
ANTICIPATED SCHEDULE: September, 1998 (and ongoing).
AFFECTED PARTIES: These amendments will affect owners and operators of stationary sources of air pollutants.

NEW RULE: CHAPTER 144: Standards for Hazardous Air Pollutants for Stationary Sources
STATUTORY AUTHORITY: 38 M.R.S.A. 585, 585-A
PURPOSE: This regulation will incorporate by reference applicable federal new source performance standards for hazardous air pollutants for stationary sources (NESHAPS) that have been delegated to Maine by the federal government. This regulation will authorize the Department to implement delegated federal air emission standards that are incorporated into air emission licenses.
ANTICIPATED SCHEDULE: September, 1998 (and ongoing).
AFFECTED PARTIES: These amendments will affect owners and operators of stationary sources of air pollutants.


CONTACT PERSON FOR FOLLOWING CHAPTERS: Ron Severance, 17 State House Station,
Augusta, ME 04333-0017. Tel: 207.287.7039.

CHAPTER 127: New Motor Vehicle Emission Standards
STATUTORY AUTHORITY: 38 M.R.S.A. 585, 585-A, 585-D
PURPOSE: This regulation is being amended to incorporate statutory changes enacted by the 118th Legislature.
ANTICIPATED SCHEDULE: July, 1998.
AFFECTED PARTIES: These amendments will affect manufacturers of motor vehicles.

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 regulation will establish guidelines and standards for making conformity determinations.
ANTICIPATED SCHEDULE: April, 1999.
AFFECTED PARTIES: These amendments will affect the Maine Department of Transportation, metropolitan planning organizations and municipalities.


CONTACT PERSON FOR FOLLOWING CHAPTERS: Don Anderson, 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 regulation is being amended to clarify regulatory requirements and incorporate federal maximum available control technology (MACT) requirements for controlling halogenated Hazardous Air Pollutant emissions from six named VOC-containing solvents found on the list of approximately 189 hazardous air pollutants. The amendments will also uniformly extend control requirements to all users of degreasers.
ANTICIPATED SCHEDULE: September, 1998.
AFFECTED PARTIES: These amendments will affect owners and operators of solvent degreasers.

CHAPTER 142: Municipal Solid Waste Landfill Emission Control
STATUTORY AUTHORITY: 38 M.R.S.A. 585-A
PURPOSE: The U.S. Environmental Protection Agency has published emission guidelines for existing landfills that have accepted municipal solid waste since November 8, 1987, with these guidelines establishing new source performance standards for municipal solid waste (MSW) landfills to control landfill air emissions. The proposed regulation will establish reporting, record keeping and control requirements for new and existing landfills.
ANTICIPATED SCHEDULE: December, 1998.
AFFECTED PARTIES: These amendments will affect owners and operators of solid waste landfills who have accepted MSW after November 8, 1987, and particularly those with a design capacity greater than 2.5 million m3 and non-methane organic compound emissions of more than 55 tons per year.

NEW RULE: Industrial Wastewater- Privately Owned Treatment Works
STATUTORY AUTHORITY: 38 M.R.S.A. 585-A
PURPOSE: This regulation is being adopted to establish emission standards for industrial wastewater treatment facilities.
ANTICIPATED SCHEDULE: May, 1999.
AFFECTED PARTIES: This regulation will affect owners and operators of industrial wastewater treatment facilities.


CONTACT PERSON FOR FOLLOWING CHAPTERS: Judith Landers, 17 State House Station,
Augusta, ME 04333-0017. Tel: 207.287.8137

CHAPTER 106: Low Sulfur Fuel
STATUTORY AUTHORITY: 38 M.R.S.A. 585, 585-A
PURPOSE: This regulation is being amended to allow the use of 40 CFR Part 75 Acid Rain program compliance demonstration procedures.
ANTICIPATED SCHEDULE: September, 1998.
AFFECTED PARTIES: This regulation will affect owners and operators of fossil-fuel burning combustion units.

CHAPTER 113: Growth Offset Regulation
STATUTORY AUTHORITY: 38 M.R.S.A. 585-A
PURPOSE: This regulation will be amended to reflect changes in federal requirements for offsetting volatile organic compound emissions in ozone attainment areas.
ANTICIPATED SCHEDULE: January, 1999.
AFFECTED PARTIES: This regulation will affect owners and operators of major sources of VOC emissions.


BUREAU NAME: Bureau of Land and Water Quality
EXPECTED 1998-99 RULEMAKING ACTIVITY:


CONTACT PERSON FOR FOLLOWING CHAPTERS: Mike Mullen, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.4728

CHAPTER 305: Permit by Rule
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D
PURPOSE: Amendments to update the permit by rule standards adopted pursuant to the Natural Resources Protection Act.
ANTICIPATED SCHEDULE: Fall 1998
AFFECTED PARTIES: Persons conducting regulated activities in, on over or adjacent to protected natural resources.

NEW RULE: Significant wildlife habitat
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D
PURPOSE: Adopt maps, standards and submission requirements for activities in, on, over or adjacent to significant wildlife habitat regulated under the Natural Resources Protection Act.
ANTICIPATED SCHEDULE: Rule-making in progress (June 1998). May need further rule-making in this area if additional habitats are addressed within the period of this agenda. Such rule-making is not yet scheduled.
AFFECTED PARTIES: Property owners.


CONTACT PERSON FOR FOLLOWING CHAPTER: Doug Burdick, 17 State House Station, Augusta, ME 04333-0017. Tel: 207-822.6322

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.
IS THE PROPOSED REGULATION OR A PROVISION OF THE PROPOSED REGULATION ANTICIPATED TO BE MORE STRINGENT THAN APPLICABLE FEDERAL STANDARDS? Corresponding federal standards do not exist.


CONTACT PERSON FOR FOLLOWING CHAPTERS: Hetty Richardson, 17 State House Station,
Augusta, ME 04333-0017. Tel: 207.287.7799

CHAPTER 371: Definitions of Terms Used in the Site Location of Development Law
CHAPTER 372: Administrative Provisions
CHAPTER 373: Financial and Technical Ability Standards of the Site Location of Development Law
CHAPTER 375: No Adverse Environmental Effect Standard of the Site Location of Development Law
CHAPTER 376: Soil Types Standard of the Site Location of Development law
CHAPTER 377: Infrastructure Standard of the Site Location of Development Law
NEW RULE: CHAPTER 379: Rules Regarding Blasting Operations
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D
PURPOSE: To update and clarify requirements pertaining to the Site Location of Development Law.
ANTICIPATED SCHEDULE: Fall/winter 1998.
AFFECTED PARTIES: Landowners, development community.


CONTACT PERSON FOR FOLLOWING CHAPTERS: Don Witherill, 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: To update the lists of "watersheds of waterbodies most at risk" and "sensitive or threatened regions or watersheds", including rivers, streams and brooks. Also, to update other stormwater provisions as necessary.
ANTICIPATED SCHEDULE: Summer/Fall 1998.
AFFECTED PARTIES: Developers and businesses.


CONTACT PERSON FOR FOLLOWING CHAPTERS: Dennis Merrill, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.7788

NEW RULE: NPDES Wastewater Discharge Program Implementation
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D
PURPOSE: To support assumption of the federal NPDES program.
ANTICIPATED SCHEDULE: Fall, 1998
PARTIES AFFECTED: Persons having or applying for waste discharge licenses.

CHAPTER 530.5: Environmental Evaluation: Surface Waters Toxics Control Program
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D
PURPOSE: The rule implements testing and controls to identify and reduce discharges of toxic pollutants.
ANTICIPATED SCHEDULE: Fall/Winter 1998-1999.
AFFECTED PARTIES: Owner/operators of wastewater treatment facilities.


CONTACT PERSON FOR FOLLOWING CHAPTER: Stephen McLaughlin, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.7768

CHAPTER 570: Combined Sewer Overflow Abatement
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D
PURPOSE: To establish rules regarding required CSO studies, the definition of best practical treatment, requirements for additions of new wastwaters, and the creation of CSO water quality subcategories.
ANTICIPATED SCHEDULE: Adoption by BEP in August, 1997.
AFFECTED PARTIES: Forty communities with Combined Sewer Overflows.


CONTACT PERSON FOR FOLLOWING CHAPTERS: David Courtemanch, 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 and 465.
PURPOSE: To implement narrative standards described in 38 M.R.S.A. 465.
ANTICIPATED SCHEDULE: Summer and Fall 1998.
AFFECTED PARTIES: Licensed dischargers to waters of the State.

CHAPTER 580: Methods of Water Analysis
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D
PURPOSE: Rule includes new section on sampling of aquatic organisms necessary to implement Chapter 579 of these rules.
ANTICIPATED SCHEDULE: Summer and Fall 1998.
AFFECTED PARTIES: Licensed dischargers to waters of the State.

CHAPTER 581: Water Quality Evaluations
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D
PURPOSE: To add more specific description of assimilative capacity, minimum flows, zone of passage to the subject matter of this rule.
ANTICIPATED SCHEDULE: Summer and Fall 1998.
AFFECTED PARTIES: Licensed dischargers to waters of the State.

CHAPTER 585: Dissolved Oxygen Requirements for Surface Waters
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D and 465.
PURPOSE: To apply statutory language to specific habitat conditions.
ANTICIPATED SCHEDULE: Summer - Fall 1998.
AFFECTED PARTIES: Licensed dischargers to waters of the State.


CONTACT PERSON FOR FOLLOWING CHAPTER: Richard Green, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.7765

CHAPTER 592: Small Community Waste Water Program
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D
PURPOSE: To make minor corrections and clarifications, including some changes necessary for consistency with statute.
ANTICIPATED SCHEDULE: Fall 1998.
AFFECTED PARTIES: Municipalities and owners of untreated discharges.


CONTACT PERSON FOR FOLLOWING CHAPTER: David Achorn, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.7766

CHAPTER 594: State Contribution to Overboard Discharge Replacement Projects
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D
PURPOSE: To make minor corrections and clarifications, including some changes necessary for consistency with statute.
ANTICIPATED SCHEDULE: Fall, 1998.
AFFECTED PARTIES: Municipalities, owners of licensed discharges


CONTACT PERSON FOR FOLLOWING CHAPTER: Dennis Purington, 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: Make "house keeping" changes to clean up rules.
ANTICIPATED SCHEDULE: Winter, 1998/1999.
AFFECTED PARTIES: Municipalities, quasi-municipal corporations, Maine Municipal Bond Bank and the DEP.


CONTACT PERSON FOR FOLLOWING CHAPTERS: Richard Baker, 17 State House Station, Augusta, ME 04333-0017. Tel: 207.287.7730

CHAPTER XXXX: State-imposed Shoreland Zoning Ordinance for Specified Towns
STATUTORY AUTHORITY: Title 38 M.R.S.A. 438-A requires municipalities to adopt shoreland zoning ordinances at least as restrictive as the Board of Environmental Protection's minimum guidelines. Section 438-A also states that when a municipality fails to adopt an ordinance as required, the Board of Environmental Protection shall adopt a suitable ordinance of the Town.
Note: This rule-making may not be undertaken in the coming year. The item is retained in the agenda in case it is needed.
PURPOSE: To provide 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. None scheduled at this time.
AFFECTED PARTIES: shoreland property owners and municipal officials.

CHAPTER 1000: State of Maine Guidelines for Municipal Shoreland Zoning Ordinances
STATUTORY AUTHORITY: Title 38 M.R.S.A. 438(A)(1) requires the Board of Environmental Protection to establish minimum guidelines for Municipal Shoreland Zoning Ordinances. The guidelines may require changes due to legislative amendments, or through any problems which may be encountered as the Department administers the shoreland zoning law.
PURPOSE: To provide up-to-date shoreland zoning standards for municipalities.
ANTICIPATED SCHEDULE: Due to legislative changes to the shoreland zoning laws, amendments will be undertaken in late summer/fall of 1998.
AFFECTED PARTIES: Shoreland property owners, municipal officials.

CHAPTER XXXX: Repeal of State-imposed Shoreland Zoning Ordinance for Specified Towns
STATUTORY AUTHORITY: Title 38 M.R.S.A. 438-A(4) authorizes the Board of Environmental Protection to adopt a suitable ordinance for any town that fails to do so. When a town later adopts an adequate ordinance, the Board must formally repeal the State-imposed ordinance.
PURPOSE: To repeal state-imposed shoreland zoning ordinance that are no longer necessary.
Note: This rule-making may not be undertaken in the coming year. The item is retained in the agenda in case it is needed.
ANTICIPATED SCHEDULE: As necessary. None scheduled at this time.
AFFECTED PARTIES: Shoreland property owners, municipal officials.


BUREAU NAME: Bureau of Remediation and Waste Management
EXPECTED 1998-99 RULEMAKING ACTIVITY:


CONTACT PERSON FOR FOLLOWING CHAPTERS: John James, 17 State House Station, Augusta, ME 04333. Tel: 207.287.7688

CHAPTERS 400 - 409: Solid Waste Management
STATUTORY AUTHORITY: 38 M.R.S.A. 1304(1)
PURPOSE: These chapters will be amended to be consistent with corresponding federal law and to incorporate changes in Maine law. The amendments are needed to support the state's request for authority to administer federal landfill law and thereby eliminate the need for two sets of standards.
ANTICIPATED SCHEDULE FOR ADOPTION: Fall 98
AFFECTED PARTIES: general public; owners and operators of solid waste facilities.

CHAPTER 418: Beneficial Reuse of Solid Waste
STATUTORY AUTHORITY: 38 M.R.S.A. 1304(1) and 1304(13-B)
PURPOSE: To adopt rules governing reuse of solid waste.
ANTICIPATED SCHEDULE FOR ADOPTION: Fall 98
AFFECTED PARTIES: general public; generators of solid waste; persons in the business of reusing solid waste.

CHAPTER 419: Agronomic Utilization of Residuals
STATUTORY AUTHORITY: 38 M.R.S.A. 1304(1)
PURPOSE: Amend existing chapter 567 governing land spreading of sludge to streamline application procedures and incorporate changes in state and federal law; change chapter number to 419 so that the rule is in sequence with other solid waste management rules.
ANTICIPATED SCHEDULE FOR ADOPTION: Fall 98
AFFECTED PARTIES: general public; generators of sludge and other residuals.

CHAPTER 600: Oil Spill Prevention and Pollution Control
STATUTORY AUTHORITY: 38 M.R.S.A. 546(4)
PURPOSE: To amend existing rules as needed to incorporate changes in law and technology since the rule was last amended in 1979; to adopt standards regarding the siting of marine oil terminals and to incorporate federal requirements for oil tankers going to and from terminal facilities.
ANTICIPATED SCHEDULE FOR ADOPTION: Winter 98/99
AFFECTED PARTIES: general public; owners and operators of oil terminal facilities and vessels.

CHAPTER 650: Oil Spill Damage Claims
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D(1-B).
PURPOSE: Amend existing rule to reflect changes in state law and current administrative practice.
ANTICIPATED SCHEDULE FOR ADOPTION: Spring 99
AFFECTED PARTIES: Persons filing claims under 38 M.R.S.A. 551(2) and 569-A for coverage of damages from an oil discharge.

CHAPTER 685: Reimbursement of Oil Import Fees
STATUTORY AUTHORITY: 38 M.R.S.A. 341-D(1-B).
PURPOSE: To specify when 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 FOR ADOPTION: Spring 99
AFFECTED PARTIES: Persons subject to fees on imported oil under 38 M.R.S.A. 569-A(5).

CHAPTER 695: Rules for Underground Hazardous Substance Storage Facilities
STATUTORY AUTHORITY: 38 M.R.S.A. 1364(2).
PURPOSE: Amend existing rule consistent with a recent statutory change that eliminates the need for certified underground hazardous substance storage tank installers. See PL 1997, c. 363.
ANTICIPATED SCHEDULE FOR ADOPTION: Fall 98
AFFECTED PARTIES: owners and operators of underground hazardous substance storage tanks.

CHAPTER 800: Identification of Hazardous Matter
STATUTORY AUTHORITY: 38 M.R.S.A. 1319(1).
PURPOSE: To repeal the existing rule and replace it with a revised rule that: 1) identifies hazardous matter by reference to an expanded and up-to-date list of hazardous substances in corresponding in federal regulations; and 2) incorporates statutory changes in the law governing reporting and removal of hazardous matter.
ANTICIPATED SCHEDULE FOR ADOPTION: Fall 98
AFFECTED PARTIES: persons at risk from a discharge of hazardous matter; 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: To repeal the existing rule and replace it with updated reporting and removal requirements in chapter 800.
ANTICIPATED SCHEDULE FOR ADOPTION: Fall 98
AFFECTED PARTIES: persons at risk from a discharge of hazardous matter; persons having care, custody, possession or control of hazardous matter.
PROVISIONS MORE STRINGENT THAN CORRESPONDING FEDERAL LAW: Not applicable. The rule is being repealed.

CHAPTERS 850 - 857: Hazardous Waste Management
STATUTORY AUTHORITY: 38 M.R.S.A. 1319-O(1).
PURPOSE: Update existing rules to incorporate changes in state and federal law.
ANTICIPATED SCHEDULE FOR ADOPTION: Summer 99
AFFECTED PARTIES: General public; generators and handlers of hazardous waste.
PROVISIONS MORE STRINGENT THAN CORRESPONDING FEDERAL LAW: The purpose of the proposed revisions is to incorporate changes in federal law since the rule was last revised in 1994. Some provisions of the existing rules (provisions that are not proposed for amendment) are more stringent than corresponding federal minimum requirements.

CHAPTER 860: Waste Oil Hazardous Waste Management
STATUTORY AUTHORITY: 38 M.R.S.A. 1319-O(2).
PURPOSE: Amend the rule to include: 1) waste oil storage and handling requirements for service station operators and others who currently are not subject to the rule; and 2) requirements for registration, design and operation of used oil collection centers.
ANTICIPATED SCHEDULE FOR ADOPTION: Summer 99
AFFECTED PARTIES: General public; generators and handlers of waste oil.

CHAPTER 900: Biomedical Waste Management
STATUTORY AUTHORITY: 38 M.R.S.A. 1319-O(3).
PURPOSE: Amend existing rule to establish a mail-in sharps program.
ANTICIPATED SCHEDULE FOR ADOPTION: Summer 1999
AFFECTED PARTIES: taxpayers; persons who generate fewer than 50 pounds of sharps (needles, etc.) per month.


06-481 - Board of Underground Storage Tank Installers

CONTACT PERSON: James Hynson, Staff, c/o Maine Department of Environmental Protection, 17 State House Station, 04333-0017. Tel: (207) 287-2651.

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 1998-99 RULE-MAKING ACTIVITY:

CHAPTER 5: Certification of Underground Gasoline Tank Removers (Amendment)
STATUTORY AUTHORITY: 32 M.R.S.A. 10003.2 and 10010.5.B
PURPOSE: These rules specify the certification process and requirements for underground gasoline tank removers. Amendments would seek to obtain consistency with recent legislation which amended on-site examination requirements to allow them to be conducted on fuel oil tanks.
ANTICIPATED SCHEDULE: Winter 1998/99.
AFFECTED PARTIES: Applicants and potential applicants for certification as underground gasoline tank installers, owners of underground gasoline tanks who wish them removed.


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