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Rulemaking

Amendments Under Consideration

PUBLIC HEARING: Friday, March 8, 2019, 9:00 a.m., Room 118, Marquardt Building, 32 Blossom Lane, Augusta

CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Megan Patterson, DACF, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-2731. Email: Megan.L.Patterson@Maine.gov .

COMMENT DEADLINE: 8:00 a.m., Monday, March 25, 2019

BRIEF SUMMARY:

Chapter 10 Definitions and Terms: Two amendments are proposed [PDF of rule with proposed amendments]

  1. Amend the definition of “Aerial Applicator” to allow certification as a private applicator. Currently the rule requires applicators to hold a commercial license which prevents an individual from making applications on their own property. This is required by the new EPA C&T rules, and is in anticipation of potential applications by unmanned aircraft systems.

Chapter 26 Standards for Indoor Application of Pesticides: One amendment is proposed [PDF of rule with proposed amendments]

  1. Clarify the definition of “occupied buildings” to mean fully enclosed indoor spaces inside buildings and that roofed structures which are otherwise not enclosed are not buildings for the purpose of the rule.

Chapter 27 Standards for Pesticide Applications and Public Notification in Schools: Three amendments are proposed [PDF of rule with proposed amendments]

  1. Change wording to clarify that all pesticide applications, inside and outside, must be included in the pest management activity log.
    Change wording to clarify that applications made to the exterior of buildings are included in the rule.
    Add personal insect repellents to the list of products which do not require licensure.

Chapter 28 Notification Provisions for Outdoor Pesticide Applications: One amendment is proposed [PDF of rule with proposed amendments]

  1. Clarify that the telephone number required on signs must be a working number.

Chapter 31 Certification and Licensing Provisions / Commercial Applicators: Eleven amendments are proposed [PDF of rule with proposed amendments]

  1. Add requirement for a government-issued photo id for all exams (required by EPA C&T).
  2. Establish annual training requirements for noncertified applicators of restricted use pesticides (required by EPA C&T).
  3. Establish minimum age for individuals certified as commercial or private applicators (required by EPA C&T).
  4. Describe the credentials which will be issued to each applicator verifying certification (required by EPA C&T).
  5. Remove section on transitioning to revised licensing and certification requirements since the time frame has passed.
  6. Update the names of certain categories to align with current exams.
  7. Remove requirement to collect social security number.
  8. Change cost of master exams from $50 for both to $10 for Master Regulations exam and $40 for Master Oral exam.
  9. Remove exemption for those certifying in the Post Harvest Treatment category from having to take the core exam.
  10. Remove requirements for applicators to receive continuing education credits in specific categories as the Board doesn’t categorize courses this way.
  11. Remove fee for replacement and upgraded licenses as the Board no longer charges for these due to improved software.

Chapter 32 Certification and Licensing Provisions for Private Applicators: Six amendments are proposed [PDF of rule with proposed amendments]

  1. Amend competency standards to include those required by EPA C&T: label comprehension; responsibilities for supervisors of noncertified applicators; stewardship; ability to read and understand pesticide labeling.
  2. Remove option to provide oral exam as EPA C&T no longer allows non-reader accommodations.
  3. Add supplemental private categories which can be obtained in addition to certification for private licensure: aerial application; soil fumigation; non-soil fumigation (required by EPA C&T).
  4. Establish minimum age for individuals certified as commercial or private applicators (required by EPA C&T).
  5. Describe the credentials which will be issued to each applicator verifying certification (required by EPA C&T).
  6. Add requirement for a government-issued photo id for all exams (required by EPA C&T amendments).

Chapter 50 Reporting Requirements for Applicators and Dealers: One amendment is proposed [PDF of rule with proposed amendments]

  1. Add requirements to dealer records of sales (required by EPA C&T amendments):
    • customer address 
    • issuing authority, certification expiration date, and categories of certification in addition to the applicator’s certification number

Chapter 36 Certification and Licensing Provisions for Monitors and Spotters for Forest Insect Aerial Spray Program [PDF of rule with proposed amendments]

Repeal of Ch. 36 is proposed. Associated requirements were previously repealed because they are no longer necessary with the current technology used in aircraft.

 

Recently adopted rule amendments:

2015:

Chapter 31 Certification and Licensing Provisions/Commercial Applicators

  1. Change the license period from two years to three; change the certification period from six years to three and align the licensing and certification periods.
  2. Amend the description of Category 6B to clarify what types of applications are included.
  3. Change the requirement for passing both the core and category exams within one year of each other to within five years.
  4. Clarify that certified or licensed wastewater or drinking water operators are exempt from licensing only while applying pesticides to the wastewater or drinking water and not while performing other duties such as weed management.

Chapter 34 Certification and Licensing Provisions/Dealers

  1. Shorten the time period a person must wait before re-taking an exam they have failed to align with other licensing rules.
  2. Change the license period from one year to three; change the certification period from five years to three and align the licensing and certification periods.

Chapter 35 Certification and Licensing Provisions/Spray Contracting Firms

  1. Remove the requirements for spotters and monitors for forest insect aerial spray programs.
  2. Change the license period from two years to three.

Chapter 22 Standards for Outdoor Application of Pesticides by Powered Equipment in Order to Minimize Off-Target Deposition—Eliminates the requirement of identifying sensitive areas for commercial applications conducted under categories 6A (rights-of-way vegetation management), 6B (industrial/commercial/municipal vegetation management) and 7E (biting fly & other arthropod vectors [ticks]).

Chapter 28 Notification Provisions for Outdoor Pesticide Applications—Adds to the list of categories that require posting: 6B (industrial/commercial/municipal vegetation management) except when making applications to sidewalks and trails, power substations, and railroad sidings; and 7E (biting fly & other arthropod vectors [ticks]). Requires notice per Board policy for applications to sidewalks and trails under 6B (industrial/commercial/municipal vegetation management).

October 24, 2014:

Chapter 20 Special Provisions—Adds a requirement for applicators making outdoor treatments to residential properties to implement a system to positively identify application sites in a manner approved by the Board. This requirement has been in policy for several years.
Chapter 31 Certification and Licensing Provisions/Commercial Applicators

  1. Clarifies that certain applications are exempt from commercial licensing requirements. These were in policy:
    •  Adults applying repellents to children with the consent of parents/guardians;
    •  Persons installing antimicrobial metal hardware.
  2. Exempts aerial applicators certified in other states from passing a written regulation exam and allows for issuance of reciprocal licensing when the staff determines that an urgent pest issue exists and when staff verbally reviews pertinent Maine laws with the applicator.
  3. Shortens the time period a person must wait before re-taking an exam they have failed to 6 days.

Chapter 32 Certification and Licensing Provisions/Private Applicator—Shortens the time period a person must wait before re-taking an exam they have failed to 6 days.
Chapter 33 Certification & Licensing Provisions/Private Applicators of General Use Pesticides
(Agricultural Basic License)Shortens the time period a person must wait before re-taking an exam they have failed to 6 days.
Chapter 41 Special Restrictions on Pesticide Use—Amends Section 3 to eliminate the restrictions on hexazinone relative to pesticide distributors and air-assisted application equipment.