Environmental & Land Use: Monthly Regulatory Update
October 26, 2011
The following rules have been posted by Maine state agencies. If you have any questions about these rules, please contact Bill Ferdinand in our Augusta office.Maine Department of Agriculture, Food and Rural Resources
AGENCY: 01-001 - Maine Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 273, Criteria for Listing Invasive Terrestrial Plants
PROPOSED RULE NUMBER: 2011-P227
CONTACT PERSON FOR THIS FILING: Ann Gibbs, Maine Department of Agriculture, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-3891. Fax: (207) 287-7548. E-mail: Ann.Gibbs@Maine.gov.
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: November 17, 2011at 1:30 p.m. in Room 233 of the Deering Building, Maine Department of Agriculture, 90 Blossom Lane, Augusta, ME 04333
COMMENT DEADLINE: 4 p.m. on Tuesday, November 30, 2011
BRIEF SUMMARY: This rule proposes criteria to be used in evaluating non-native terrestrial invasive plants that could have adverse impacts on the Maine landscape. Plants that are evaluated and meet the criteria may be included on a list of invasive plants in the future.
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY: 7 MRSA Ch. 405-A §2211
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/agriculture/index.shtml.
AGRICULTURE RULE-MAKING LIAISON: Caldwell.Jackson@Maine.gov.
Department of Conservation, Maine Land Use Regulation Commission (LURC)
AGENCY: 04-061 – Department of Conservation, Maine Land Use Regulation Commission (LURC)
CHAPTER NUMBER AND TITLE: Ch. 4, Rules of Practice
ADOPTED RULE NUMBER: 2011-368
CONCISE SUMMARY: Ch. 4 Rules of Practice apply to procedures of the Land Use Regulation Commission including the adoption and amendment of rules, land use standards and district boundaries, and the processing of all applications made to the Commission. The adopted changes revise language pertaining to demonstration of adequate title, right, or interest (TRI) for applications, determination of application completeness, timeframes for processing certain types of applications, and notice requirements in conformance with the Administrative Procedure Act.
EFFECTIVE DATE: October 20, 2011
AGENCY CONTACT PERSON: Susan Burns, Maine Land Use Regulation Commission, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-4969. E-mail:Susan.Burns@Maine.gov .
WEBSITE: http://www.maine.gov/doc/lurc/index.shtml.
CONSERVATION RULE-MAKING LIAISON: Dan.Burke@Maine.gov.
Department of Environmental Protection (DEP)
AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 880, Regulation of Chemical Use in Children’s Products
PROPOSED RULE NUMBER: 2011-P230
CONTACT PERSON FOR THIS FILING: Kerri Malinowski, Maine Department of Environmental Protection, Bureau of Remediation and Waste Management, 17 State House Station, Augusta, ME 04333. Telephone: (207) 215-1894. Fax: (207) 287-5987. E-mail: Kerri.Malinowski@Maine.gov.
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: Julie Churchill. Telephone: (207) 287.7881. E-mail: Julie.M.Churchill@Maine.gov.
PUBLIC HEARING: November 15, 2011 at 9:00 a.m., DEP Response Training Room, 4 Blossom Lane, Augusta, Maine
COMMENT DEADLINE: November 25, 2011 at 5 p.m.; comments may be submitted by mail, e-mail or fax. To ensure the comments are considered, they must include your name and the organization you represent, if any. Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, and provided an opportunity for comment.
BRIEF SUMMARY: Ch. 880 identifies the process by which the department will classify chemicals of high concern, from which priority chemicals are designated for regulatory scrutiny, and details how the department will go about collecting information from manufacturers on the use of priority chemicals in children’s products.
DETAILED BASIS STATEMENT / SUMMARY: As stated in the declaration of policy under 38 MRSA §1692, the goal of the law is to protect the health, safety and welfare of children and other vulnerable populations by reducing their exposure to chemicals of high concern through the substitution of safer alternatives when feasible. To accomplish this goal, the law confers upon the department the regulatory power to compel disclosure of information on priority chemicals and prohibit the sale of children’s products containing those chemicals when safer alternatives are available. Ch. 880 identifies the process by which the department will classify chemicals of high concern, from which priority chemicals are designated for regulatory scrutiny, and details how the department will go about collecting information from manufacturers on the use of priority chemicals in children’s products. Changes to the underlying statute enacted by PL 2011, c. 319 [An Act to Provide the DEP with Regulatory Flexibility Regarding the Listing of Priority Chemicals, LD 1129, 125th Legislature], necessitate the amendments proposed to the existing rule Ch. 880.
Amendments to Ch. 880 add specificity to the designation of chemicals of high concern by delineating criteria that include chemical presence in consumer products used or present in the home, biomonitoring studies, and analysis of the indoor home environment. To address stakeholder concerns about inadvertent capture of products with trace amounts of chemicals, the policy choice was made to explicitly limit the reach of the rule to products containing priority chemicals that are intentionally-added for a specific purpose during product formulation or manufacture; definitions for the terms “contaminant” and “de minimis level” have been added for clarity.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §341-D(1-C), and §341-H
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
WEBSITE: http://www.maine.gov/dep/.
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov.
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AGENCY: 06-096 - Department of Environmental Protection (DEP), Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch. 122, Chlorine and Chlorine Dioxide Emission Standard
ADOPTED RULE NUMBER: 2011-362 (repeal)
CONCISE SUMMARY: This regulation established an emission limit for bleach plants of pulp and paper mills. The Department repealed this rule because Federal regulation 40 CFR Part 63 Subpart S (63.445), which includes the Maximum Available Control Technology (MACT) Requirements for air toxics, is applicable now and is more comprehensive than Ch 122.
EFFECTIVE DATE: October 16, 2011
AGENCY CONTACT PERSON: Carolyn Wheeler, Bureau of Air Quality Control, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-2437. E-mail: Carolyn.Wheeler@Maine.gov .
WEBSITE: http://www.maine.gov/dep/air/.
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov.
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AGENCY: 06-096 - Department of Environmental Protection (DEP), Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch. 135, Hexavalent Chromium Particulate Emission Standard
ADOPTED RULE NUMBER: 2011-363 (repeal)
CONCISE SUMMARY: The Department has repealed this rule which established a limitation on the amount of hexavalent chromium allowed to be emitted from any potential source of hexavalent chromium and a limitation of the amount of total chromium until a technique for measuring hexavalent chromium can be demonstrated. This rule was repealed because the Maine Center for Disease Control guideline has been updated since the adoption of this standard and the guideline is more protective and reflects more recent scientific/health information.
EFFECTIVE DATE: October 16, 2011
AGENCY CONTACT PERSON: Jeffrey Crawford, Bureau of Air Quality Control, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-2437. E-mail: Jeff.S.Crawford@Maine.gov.
WEBSITE: http://www.maine.gov/dep/air/.
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov.
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AGENCY: 06-096 - Department of Environmental Protection (DEP), Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch. 155, Portable Fuel Container Spillage Control
ADOPTED RULE NUMBER: 2011-364 (repeal)
CONCISE SUMMARY: The Department has repealed this rule because it has been superseded by federal requirements. Beginning in 2009, all portable fuel containers sold nationwide were subject to minimum VOC and hazardous air pollutant control requirements that are more stringent than the Department's rule.
EFFECTIVE DATE: October 16, 2011
AGENCY CONTACT PERSON: Jeffrey Crawford, Bureau of Air Quality Control, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-2437. E-mail: Jeff.S.Crawford@Maine.gov.
WEBSITE: http://www.maine.gov/dep/index.shtml.
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov.
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AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 374, Rules Regarding the Traffic Movement Standard of the Site Location of Development Law
ADOPTED RULE NUMBER: 2011-365 (repeal)
CONCISE SUMMARY: Ch. 374 as adopted in 1979 and last amended in 1997 was intended to establish standards for the traffic movement standard of the Site Location of Development Law. The Department has repealed Ch. 374 in its entirety because the traffic movement standard of the Site Law was repealed in 1999. Statutory authority for traffic permitting was transferred to the Maine Department of Transportation which has its own rules for the review of traffic applications.
EFFECTIVE DATE: October 17, 2011
AGENCY CONTACT PERSON: Michael Mullen, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 446-1611. E-mail: Mike.Mullen@Maine.gov.
WEBSITE: http://www.maine.gov/dep/index.shtml.
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov.
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AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 650, Damage Claims — Oil Conveyance Fund
ADOPTED RULE NUMBER: 2011-366 (repeal)
CONCISE SUMMARY: The department has repealed this rule chapter. The chapter sets forth procedures for the filing and processing of claims for damages from the discharge of oil but those procedures are outdated and do not represent current practice. Persons suffering property or actual economic damage from oil leaks and spills remain eligible for coverage of those damages as outlined under the statutes governing the Maine Coastal and Inland Surface Oil Clean-up Fund (see 38 MRSA §551, sub-§2) and the Ground Water Oil Clean-up Fund (see 38 MRSA §569-A, sub-§2).
EFFECTIVE DATE: October 17, 2011
AGENCY CONTACT PERSON: John James, DEP-BRWM, 17 State House Station, Augusta, ME 04330. Telephone: (207) 287-7866. E-mail: John.James@Maine.gov.
WEBSITE: http://www.maine.gov/dep/index.shtml.
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov.
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AGENCY: 06-096 - Maine Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 378, Variance Criteria for the Excavation of Rock, Borrow, Topsoil, Clay or Silt and the Performance Standards for the Storage of Petroleum Products
PROPOSED RULE NUMBER: 2011-P211
CONTACT PERSON FOR THIS FILING: Mark Stebbins, Maine Department of Environmental Protection, 312 Canco Road, Portland, ME 04103. Telephone: (207) 822-6367. Fax: (207) 822-6303. E-mail: Mark.N.Stebbins@Maine.gov.
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: Julie Churchill: (207) 287-7881; Julie.M.Churchill@maine.gov.
BRIEF SUMMARY: As required by PL 2011 Ch. 26, the Department of Environmental Protection is posting draft changes to the Ch. 378, Variance Criteria for the Excavation of Rock, Borrow, Topsoil, Clay or Silt and the Performance Standards for the Storage of Petroleum Products, 06-096 CMR c. 378. This rule making is necessary to implement the intent of Resolve #26 as required by the Legislature to allow licensed mining operation to store of a small amount of diesel fuel on significant sand and gravel aquifers mapped by Maine Geological Survey.
IMPACT ON MUNICIPALITIES OR COUNTIES This rule will not have an impact on municipalities.
STATUTORY AUTHORITY FOR THIS RULE: P.L. 2011, Ch. 26, Resolve to Establish a Single Construction Permit for Certain Above Ground Oil Storage Tanks in Gravel Pits and Quarries, and 38 MRSA §341-D, 38 MRSA §490-E and §490-CC.
PUBLIC HEARING: November 3, 2011 at 9:30 a.m., Florian Hall (Department of Public Safety Building), 45 Commerce Drive, Augusta, Maine 04330
COMMENT DEADLINE: November 14, 2011. Comments may be submitted by mail, e-mail or fax to the contact person listed above. To ensure the comments are considered, they must include your name and the organization you represent, if any. A copy of the rule is available upon request from the contact above, and on the web at: http://www.maine.gov/dep/rulemaking.htm.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/dep/.
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov.
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AGENCY: 06-096 - Maine Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 419, Maine Solid Waste Management Rules: Agronomic Utilization of Residuals
PROPOSED RULE NUMBER: 2011-P212
CONTACT PERSON FOR THIS FILING: Carla J. Hopkins, Maine Department of Environmental Protection, #17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 215-3314. Fax: (207) 287-7826. E-mail: Carla.J.Hopkins@Maine.gov.
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: Julie Churchill; (207) 287-7881; Julie.M.Churchill@Maine.gov.
BRIEF SUMMARY: The Department of Environmental Protection is posting draft changes to the Solid Waste Management Rules: Agronomic Utilization of Residuals, 06-096 CMR c. 419. The revisions will increase the screening concentration for arsenic for sewage sludge utilization contained in 06-096 CMR c. 419 from 10 mg/kg to 34 mg/kg.
DETAILED BASIS STATEMENT / SUMMARY: As originally drafted, LD 515 (An Act to Review State Water Quality Standards) included provisions to require the Department to undertake rulemaking to change the screening standard for arsenic for sewage sludge utilization contained in 06-096 CMR c. 419 from 10 mg/kg to 41 mg/kg which is the requirement in the federal counterpart rule (Standards for the Use or Disposal of Sewage Sludge, 40 CFR Part 503). Because Part 503 was promulgated in 1993 and the risk assessment data used to develop the screening standards is out of date, the Department proposed to investigate the issue and make recommendations about updating the arsenic screening standard in 06-096 CMR c. 419. Subsequently, stakeholders urged the sponsoring legislator to remove the sewage sludge/biosolids language from LD 515, provided that the Department thoroughly investigate the issue and undertake rulemaking as appropriate. This proposed rule is a result of that stakeholder process and consultation with toxicologists at the Maine Center for Disease Control and Prevention (Maine CDC).
IMPACT ON MUNICIPALITIES OR COUNTIES: None
PUBLIC HEARING: November 1, 2011 at 10:00 a.m., DEP Response Building, 4 Blossom Lane, Augusta, ME 04333
COMMENT DEADLINE: December 1, 2011
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §1304(1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): N/A
WEBSITE: http://www.maine.gov/dep/.
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov.
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AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 530, Surface Waters Toxic Control Program
PROPOSED RULE NUMBER: 2011-P213
CONTACT PERSON FOR THIS FILING: Robert D. Stratton, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04330-0017. Telephone: (207) 215-1579. Fax: (207) 287-3435. E-mail: Robert.D.Stratton@Maine.gov.
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
BRIEF SUMMARY: The surface waters of the State are managed to prevent contamination from toxic pollutants in toxic amounts in order to meet the goals of the Clean Water Act and Maine’s water quality standards. Toxic compounds may not be discharged in amounts that may cause toxic impacts on aquatic organisms or affect human health. This rule revision allows the Department when calculating limits for toxic substances, to utilize allocations previously set aside as water quality reserves for future growth if doing so would avoid causing statistically generated (potential) exceedences of ambient water quality criteria. This rule revision also specifies that all permit limits for metals shall be expressed as mass-based limits only, unless required by adopted effluent limitation guidelines, and revises the timeframe for routine screening level testing to better provide for use of test results in Department permitting decisions.
IMPACT ON MUNICIPALITIES OR COUNTIES: This rule revision will benefit municipalities that operate affected Publicly Owned (wastewater) Treatment Works (POTWs) by reducing the time and cost of monitoring.
PUBLIC HEARING: November 1, 2011, 9:00 a.m., MEDEP Response Services Training Room, 4 Blossom Lane, Augusta, ME 04330
COMMENT DEADLINE: December 1, 2011
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §§ 341-H, 420, and 464
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dep/.
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov.
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AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 584, Surface Water Quality Criteria for Toxic Pollutants
PROPOSED RULE NUMBER: 2011-P214
CONTACT PERSON FOR THIS FILING: Robert D. Stratton, Maine Department of Environmental Protection, 17 State House Station, Augusta, Me 04330-0017. Telephone: (207) 215-1579. Fax: (207) 287-3435. E-mail: Robert.D.Stratton@Maine.gov.
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
BRIEF SUMMARY: The surface waters of the State are managed to prevent contamination from toxic pollutants in toxic amounts in order to meet the goals of the Clean Water Act and Maine’s water quality standards. Toxic compounds may not be discharged in amounts that may cause toxic impacts on aquatic organisms or affect human health. This rule revision changes the cancer risk level for inorganic arsenic used in calculating ambient water quality (human health) criteria and establishes revised inorganic arsenic criteria accordingly. Further, this revision updates Maine’s ambient water quality and human health criteria for pollutants for which USEPA has updated criteria since Maine’s last revision in 2005, using Maine-specific parameters where applicable.
IMPACT ON MUNICIPALITIES OR COUNTIES: This rule revision will benefit municipalities that operate affected Publicly Owned (wastewater) Treatment Works (POTWs) by eliminating criteria for arsenic that is believed to be unattainable and establishing new arsenic criteria still within USEPA guidelines. Further, it will benefit affected municipalities by ensuring that the Department utilizes the most current criteria.
PUBLIC HEARING: November 1, 2011, 9:30 a.m., MEDEP Response Services Training Room, 4 Blossom Lane, Augusta, ME 04330
COMMENT DEADLINE: December 1, 2011
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §§ 341-H, 420, and 464
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dep/.
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov.
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AGENCY: 06-096 - Maine Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 692, Siting of Oil Storage Facilities
PROPOSED RULE NUMBER: 2011-P215
CONTACT PERSON FOR THIS FILING: George Seel, Maine Dept. of Environmental Protection, Bureau of Remediation & Waste Management, State House Station 17, Augusta, ME 04333. Telephone: (207) 287-7166. E-mail: George.J.Seel@Maine.gov.
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: Julie.M.Churchill@Maine.gov.
BRIEF SUMMARY: This rulemaking is an amendment of the Department’s current regulations restricting the siting of new oil facilities in significant sand and gravel aquifers. This amendment is in response to a legislative resolve passed during the 2011 session of the Maine Legislature. It would allow for the storage of up to 1,100 gallons of diesel fuel for fueling heavy equipment used in the mining of sand and gravel from pits located in significant sand and gravel aquifers mapped by the Maine Geological Survey. The objective of this rule change is to allow such oil storage without significantly increasing the risk of oil contamination of ground water, and to do so without the currently required variance application and testing of the aquifer’s ground water yield. The rule amendment would also exempt proposed new oil storage facilities on a site erroneously mapped as a significant sand and gravel aquifer and urban locations where ground water has already been contaminated and no longer is useable as drinking water.
DETAILED BASIS STATEMENT / SUMMARY: Amendment of Ch. 692 is required to meet the mandate of a legislative resolve. The details of how the rule is amended is a matter of ground water contamination risk management while still allowing limited diesel fuel storage on a significant sand and gravel aquifer.
Maine’s significant sand and gravel aquifers have been recognized since the 1970s as an important resource for both current and future public (particularly municipal and large water district) and private drinking water supplies. In fact, they are the most cost effective future source of drinking water for Maine communities given the high cost of treatment of surface water supplies and the uncertainty of finding sufficiently large volumes of water in bedrock. As such they are a critical element for future community development, including economic development. It has been long standing State policy to protect such significant aquifers from the pollution risks inherent with solid waste landfills, hazardous waste facilities, some hazardous substance generating and handling facilities, radioactive waste handling and underground storage of oil. In 2008 the Legislature closed a loophole in this safety net by restricting the location of above ground oil storage facilities on these significant aquifers by authorizing major substantative rulemaking by the Department – Ch. 692.
To respond to the 2011 legislative resolve, this amendment proposes a limited and conditional exemption to Ch. 692 exclusively for the aggregate mining industry. It is based on discussions held with industry officials in late 2010 and January 2011. The amendment would allow up to two tanks with an aggregate storage capacity of 1,100 gallons without the currently required variance, without an analysis to determine whether a tank will be located on very high yielding portion of aquifer (>50 gallons per minute), and without a detailed technical review by the Department. A permit by rule process is provided as a substitute in order to meet the legislative Resolve’s goal of a single State permit for such new facilities. This effort has been coordinated with a similar effort by the State Fire Marshal’s office to provide a permit by rule alternative to their current construction permit review process.
On balance, the proposed rule may slightly decrease the risk of significant or routine discharges of diesel fuel over current vehicle fueling practices by the aggregate mining industry, and if the volume, number of tanks and dispensing locations are limited, and with state of the art facility design, leak and spill detection, operation and maintenance procedures, and routine compliance inspections by DEP’s Bureau of Land & Water Quality mining staff. This rule amendment will allow new diesel fuel storage facilities on portions of significant sand and gravel aquifers mapped and currently protected because of their high yield of clean ground water for drinking water. With such a new oil storage facility, there are inherent risks of discharges from storage and handling, and in particular from tank and vehicle overfills, equipment and material failures, and human error or negligence. Current practice is to fuel heavy equipment from so-called peddle trucks (heating oil delivery trucks) which has its own risks of discharges from vehicle overfills and human error/negligence since diesel fuel is pumped under pressure with few safeguards against discharges. A significant discharge or repeated routine discharges of diesel fuel in such a sensitive geological setting may result in ground water contamination resulting in the aquifer unsuitable and unhealthy as a source of drinking water.
Because this amendment sets precedent and provides an exemption not available to oil storage facilities owned by others outside the mining industry, it may result in similar exemption requests in the future for additional new oil storage and handling facilities on the State’s significant sand and gravel aquifers.
Other proposed exemptions for new facilities on erroneously mapped aquifers or in an urban area where the ground water is contaminated by numerous contaminants due to historical commercial and industrial land uses will replace current variance requirements. These are currently the two most common variance requests to the Department for new oil storage facilities under the 2008 Act to Prevent Contamination of Drinking Water Supplies. As proposed, elimination of the variance application process in these two specific instances will still allow the Department to evaluate whether a site falls under the rule’s siting restrictions, but without a formal variance application process.
IMPACT ON MUNICIPALITIES OR COUNTIES: Provided the safeguards in the rule against oil discharges and the required early reporting and clean up of discharges are adequate, towns, water districts and other municipalities, on balance should not be significantly impacted. If a sand and gravel aquifer were contaminated, the fiscal impact would be the economic value of that ground water or the cost of the remedy whether a clean-up or new water supply.
PUBLIC HEARING: November 3, 2011 at 9:00 a.m., Florian Hall (Department of Public Safety Building), 45 Commerce Drive, Augusta, Maine 04330
COMMENT DEADLINE: November 14, 2011
STATUTORY AUTHORITY FOR THIS RULE: Resolve 2011, Ch. 26: Resolve, To Establish a Single Construction Permit for Certain Above Ground Oil Storage Tanks in Gravel Pits and Quarries
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): Same as above
WEBSITE: http://www.maine.gov/dep/.
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov.
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