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Pesticide Board to Hold Public Hearing on Proposed Changes to Pesticide Regulations

August 28, 2012

Contact: Henry Jennings
207-287-2731

WHO: Maine Board of Pesticides Control (BPC)

WHAT: Notice of Public Hearing and Comment Period on Rulemaking Proposals

WHEN: Friday, September 7, 2012, 8:30 AM

WHERE: Augusta, AMHI Complex, 90 Blossom Lane, Deering Building:**, Room 233

DETAILS: The BPC will be holding a public hearing in Augusta on Friday, September, 7, 2012, to solicit comments from members of the public on proposed changes to the following four chapters of its pesticide regulations:

(1) Chapter 10—Definitions and Terms: The amendments to Chapter 10 would incorporate interpretive policies into the definitions of Commercial Applicator, Custom Application, Distribute and Spray Contracting Firm. A definition of Government Employee would also be added to clarify the intent of Title 22, 1471-D(9).

Explanation: Over time, the Board has found it necessary to clarify the intent of some of its rules via policy. However, since policies are not enforceable, the Board has decided to incorporate a number of policy interpretations into rule by amending certain definitions in Chapter 10.

(2) Chapter 21—Pesticide Container Disposal and Storage: The Maine Legislature recently repealed the statutory mandate for the container deposit system by enacting Public Law 2011, Chapter 510. The Board proposes to implement the intent of that law by repealing the associated rule—Chapter 21.

Explanation: The Board believes that Chapter 21 is no longer necessary, as pesticide container management strategies have evolved since the rule first went into effect in 1983.The Legislature repealed the container deposit mandate with the expectation that the Board would repeal the requirement in rule.

(3) Chapter 27—Standards for Pesticide Application and Public Notification in Schools: The amendments to Chapter 27 will give additional authority to the designated school IPM Coordinator to ensure there is at least one person in each school knowledgeable about all pesticide use. In addition, it will require training for the IPM Coordinator and consolidate the record-keeping requirements.

Explanation: The amendments to Chapter 27 are to address weaknesses and incorporate improvements that were identified during an evaluation of the rule requested by the Legislature in Resolve 2011, Chapter 59.

(4) Chapter 50—Record Keeping and Reporting Requirements: The amendments to Chapter 50 will remove the reporting requirements associated with the restricted-use pesticide container deposit system which will no longer be necessary because of the repeal of Chapter 21 (above).

Explanation: Since the Board is repealing the pesticide container deposit rule (Chapter 21, above), it must also repeal the associated record-keeping requirements.

Written Comments: The BPC is also accepting written comments until 5:00 PM, Friday, September 28, 2012. Mail comments to: Henry S. Jennings, Director, Maine Board of Pesticides Control, 28 State House Station, Augusta, ME 04333-0028; e-mail: henry.jennings@maine.gov; telephone: 207-287-2731.

Proposed Regulations: The regulations can be viewed at http://www.thinkfirstspraylast.org/laws/rulemaking.htm or printed copies may be obtained from the BPC office (see contact information above).

Contact: Henry Jennings, 207-287-2731, henry.jennings@maine.gov