Environmental & Land Use: Monthly Regulatory Update
June 01, 2012
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.Department of Environmental Protection (DEP)
AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 692, Siting of Oil Storage Facilities
ADOPTED RULE NUMBER: 2012-109 (Emergency)
CONCISE SUMMARY: The department has adopted an emergency rule amending Ch. 692 to allow the installation of aboveground diesel storage tanks in sand and gravel pits provided specified design and operation requirements are met. The requirements are intended to minimize the risk of accidental discharges to significant sand and gravel aquifers mapped by the Maine Geological Survey. Most sand and gravel pits are located in these significant aquifers.
The amendments were adopted pursuant to two Legislative resolves:
* Resolves 2011, chapter 26, directing the department to establish a permit-by-rule process for diesel fuel storage tanks in borrow pits; and
* Resolves 2011, chapter 149, directing the department to adopt the new permit process as an emergency rule.
The emergency rule will be effective for 90 days. In the meantime, the department is proposing to adopt the same amendments through non-emergency rulemaking. Interested parties will have the opportunity to comment on the proposed amendments through that proceeding.
EFFECTIVE DATE: April 24, 201l
AGENCY CONTACT PERSON: George Seel, DEP-BRWM, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7166. Fax: (207) 287 7826. E-mail: George.J.Seel@Maine.gov .
To view or download a copy of the rule, go to http://www.maine.gov/dep/rules/ . A paper copy will be mailed upon request.
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. 573, Snow Dumps: Exemption from Waste Discharge License (originally effective September 1, 1988)
PROPOSED RULE NUMBER: 2011-P247 (reopened)
CONTACT PERSON FOR THIS FILING: Bill Hinkel, Dept. of Environmental Protection, State House Station 17, Augusta, ME 04333. Telephone: (207) 485-2281. Fax: (207) 287-3435. E-mail: Bill.Hinkel@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: Julie.M.Churchill@Maine.gov .
PUBLIC HEARING: n/a
COMMENT DEADLINE: June 1, 2012 by 5:00 p.m. 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.
BRIEF SUMMARY: The purpose of this rule amendment (repeal and replace) is to define siting criteria and best management practices for pollution prevention associated with snow dumps that, when followed, will not result in a discharge of pollutants and will not require a waste discharge permit. The Department held a public hearing on December 6, 2011 on the proposed amendments to Snow Dumps: Exemption from Waste Discharge License, 06-096 CMR 573. The comment period closed on January 6, 2012. In response to evidence received at the hearing and written comments received from interested parties, the Department is proposing to adopt certain changes to the proposed rule that will result in a rule that differs substantially from the Department’s proposed rule, and is requesting comments on the proposed changes to the proposed rule.
IMPACT ON MUNICIPALITIES OR COUNTIES: Municipalities are anticipated to incur fewer permitting fees and have an expedited permit process (general permit) available.
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §§ 341-H and 413
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. 693, Operator Training for Oil and Hazardous Substance Storage Facilities
PROPOSED RULE NUMBER: 2012-P60
CONTACT PERSON FOR THIS FILING: Scott D. Whittier, Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333. Telephone: (207) 287-7674. Fax: (207) 287-7826. E-mail: Scott.Whittier@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: n/a
PUBLIC HEARING: May 22, 2012 at 1:00 p.m., DEP Response Services Training Room, 4 Blossom Lane, Augusta
COMMENT DEADLINE: 5:00 p.m., June 1, 2012. Comments may be submitted by mail, e-mail or fax. To ensure that the comments are considered, they must include your name and the organization you represent, if any.
BRIEF SUMMARY: This rule establishes training requirements for operators of underground oil storage facilities regulated under 38 MRSA §§ 561 et seq. and underground hazardous substance storage facilities regulated under rules adopted pursuant to 38 MRSA §1364(2). The training requirements specified in the proposed rule are modeled after guidelines provided by USEPA (Grant Guidelines to States for Implementing the Operator Training Provision of the Energy Policy Act of 2005 (August 2007)). The proposed rule establishes two operator classes (A/B and C) and sets out the specific training requirements for each class of operators. The rule also requires the department to develop and administer operator training and testing requirements. The rule tracks recently enacted Maine law that requires certification to be renewed every 2 years unless there is a change in the leak detection system or a finding of non compliance. The rule provides that if facility operators choose to re-certify each year the operators will not be required to re-certify upon a finding of non compliance. The rule also provides that third party training programs may be approved for use and identifies the content of third party training programs and a process for obtaining approval. The rule proposes that underground tank operators become trained by the federally established deadline of August 8, 2012.
IMPACT ON MUNICIPALITIES OR COUNTIES: A training program is currently available, free of charge, to operators of underground petroleum storage facilities. However, there remains a minor impact to the regulated community in terms of the time necessary for operators to take the required training, and meet the certification requirements.
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §341-D(1-B), 38 MRSA §564(2-A)(L). 38 MRSA §1364(2)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Federal Law - Federal Energy Policy Act of 2005; 38 MRSA §§ 561 et seq.
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. 1000, Guidelines for Municipal Shoreland Zoning Ordinances
ADOPTED RULE NUMBER: 2012-134
CONCISE SUMMARY: In response to a directive from the Committee on Environment and Natural Resources, that was contained in a letter dated May 31, 2011, the Department of Environmental Protection has adopted amendments to Ch. 1000, Section 13(A), Establishment of Districts and Section 15(B)(1), Principal and Accessory Structures, to remove the requirement that wetland areas rated as moderate or high value waterfowl and wading bird habitat be designated as Resource Protection in municipal shoreland zoning ordinances.
EFFECTIVE DATE: May 5, 2012
AGENCY CONTACT PERSON: Deirdre Schneider, Department of Environmental Protection, 17 State House Station, Augusta ME 04333-0017. Telephone: (207) 557-0353. E-mail: Deirdre.Schneider@Maine.gov .
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. 692, Siting of Oil Storage Facilities
PROPOSED RULE NUMBER: 2012-P88
CONTACT PERSON FOR THIS FILING: George Seel, DEP-BRWM, 17 State House Station, Augusta ME 04333. Telephone: (207) 287-7166. Fax: (207) 287 7826. E-mail: George.J.Seel@Maine.gov .
PUBLIC HEARING: June 5, 2012, 1 p.m., DEP Response Building, 4 Blossom Lane, Augusta, ME
COMMENT DEADLINE: June 15, 2012. Comments many be submitted by mail, e-mail or fax. Please include your name and the organization you represent if any.
BRIEF SUMMARY: The Department is amending the provisions of Ch. 692 that restrict the siting of oil storage facilities in significant sand and gravel aquifers. The amendment responds to a legislative Resolve (Resolves 2011, c. 26) directing the department to establish a permit-by-rule process allowing the conditional use of aboveground diesel storage tanks in sand and gravel borrow pits. The amendments are designed to allow this activity without significantly increasing the risk of groundwater contamination.
The proposed amendments were adopted as an emergency rule April 2012 pursuant to Legislative directive. See Resolves 2011, c. 149. The emergency rule is effective for 90 days. This rulemaking is intended to keep the permit-by-rule process in place after the emergency rule lapses.
The amendments proposed can be viewed and downloaded at http://www.maine.gov/dep/rules/ .
IMPACT ON MUNICIPALITIES OR COUNTIES: The amendment is not expected to have an adverse impact on municipalities or counties assuming pit operators who avail themselves of the proposed permit-process adhere to the rule safeguards against oil discharges and immediately clean up any spills.
STATUTORY AUTHORITY FOR THIS RULE: Resolves 2011, Ch. 26
SUBSTANTIVE STATE LAW BEING IMPLEMENTED: 38 MRSA §§ 1391-99 [Wellhead Protection]
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .
Adoptions
AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 305, Permit by Rule Standards: Section 20, Activities Located in, on or over High or Moderate Value Inland Waterfowl and Wading Bird Habitat, or Shorebird Nesting, Feeding, and Staging Areas
ADOPTED RULE NUMBER: 2012-146 (Final adoption, major substantive)
CONCISE SUMMARY: In P. L. 2011, Ch. 359, the Department of Environmental Protection is directed to adopt rule amendments concerning permit by rule (PBR) under the Natural Resources Protection Act to allow activities occurring in high or moderate value waterfowl and wading bird habitat to be eligible for PBR. The proposed amendments to Ch. 305 Section 20 allow new development in moderate value inland waterfowl and wading bird habitat provided the development is located at least 100 feet back from the wetland and occupies no more than 20% of the lot within the habitat. These are major substantive rules.
EFFECTIVE DATE: June 8, 2012
AGENCY CONTACT PERSON: Mike Mullen, Department of Environmental Protection,17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 446-1611. E-mail: Mike.Mullen@Maine.gov .
WEBSITE: http://www.maine.gov/dep/ .
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AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 375, No Adverse Environmental Effect Standard of the Site Location Law: Section 10 Subsection I, Sound Level Standards for Wind Energy Developments
ADOPTED RULE NUMBER: 2011-147 (Final adoption, major substantive)
CONCISE SUMMARY: The Board of Environmental Protection has finally adopted amendments to Ch. 375 Section 10, Control of Noise by including a new subsection entitled “Sound Level Limits and Measurements for Wind Turbine Projects.” The rule includes provisions for the following: (1) predictive modeling requirements; (2) maximum sound limits for operations; (3) short-term duration repetitive sounds (SDRS) and tonal sounds; (4) noise easements; (5) post-construction compliance requirements; and (6) noise complaint response.
EFFECTIVE DATE: June 10, 2012
AGENCY CONTACT PERSON: Mike Mullen, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 446-1611. E-mail: Mike.Mullen@Maine.gov .
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. 378, Variance Criteria for the Excavation of Rock, Borrow, Topsoil, Clay or Silt and the Performance Standards for the Storage of Petroleum Products
ADOPTED RULE NUMBER: 2001-148 (Final adoption, major substantive)
CONCISE SUMMARY: PL 2011 Ch. 26 directs the Department of Environmental Protection to adopt amendments to 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 378, 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. Amendments adopted allow for up to 2 above ground diesel fuel tanks, in a single location on a parcel of property with an aggregate capacity not to exceed 1,100 gallons without the currently required variance required under department rules.
EFFECTIVE DATE: June 8, 2011
AGENCY CONTACT PERSON: Mark Stebbins, Maine Department of Environmental Protection, 312 Canco Road, Portland, ME 04103. Telephone: (207) 822-6367. E-mail: Mark.N.Stebbins@Maine.gov .
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .
RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .
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AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 110, Ambient Air Quality Standards (Amendments)
PROPOSED RULE NUMBER: 2012-P91
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Jeff Crawford, Maine Department of Environmental Protection, Bureau of Air Quality Control, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-2437. Fax: (207) 287-7641. E-mail: Jeff.S.Crawford@Maine.gov .
PUBLIC HEARING: No public hearing scheduled, 30-day written comment period with an opportunity for a hearing.
COMMENT DEADLINE: June 22, 2012, 5:00 p.m.
BRIEF SUMMARY: The Department is proposing to amend its Ch. 110, Ambient Air Quality Standards, to explicitly incorporate the national ambient air quality standards (NAAQS) and ambient increments for prevention of significant deterioration (PSD). Although statute at 38 MRSA §584-A refers to the national ambient air quality standards as established by Section 109 of the CAAA, Ch. 110 must be amended to reflect the current NAAQS since statute cannot incorporate by reference. In addition to the explicit establishment of the NAAQS, the proposed amendments will also update the ambient increments to establish an increment for PM2.5, and repeal the state standard for chromium (there is no NAAQS for chromium or chromium compounds). These amendments will be submitted to EPA for incorporation in the Maine State Implementation Plan. Copies of this proposal are available upon request by contacting the Agency contact person or on the DEP website at www.maine.gov/dep/rules/.
Pursuant to Maine law, interested parties are publicly notified of the proposed rulemaking and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any. Although the Department has not scheduled a public hearing on this proposal, a public hearing will be scheduled if any requests are received prior to the close of the public comment period.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §585-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dep/air/ .
DEP RULE-MAKING LIAISON: Terry.Hanson@Maine.gov .
Department of Conservation (DOC) & Maine Land Use Regulation Commission (LURC)
AGENCY: 04-061 - Department Of Conservation (DOC), Maine Land Use Regulation Commission (LURC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards
PROPOSED RULE NUMBER: 2012-P89
CONTACT PERSON FOR THIS FILING /SMALL BUSINESS INFORMATION: Hugh Coxe, Maine Land Use Regulation Commission, Department of Conservation, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-2662. TTY: (888) 577-6690. E-mail: Hugh.Coxe@Maine.gov .
PUBLIC HEARING: None
COMMENT DEADLINE: June 22, 2012
BRIEF SUMMARY: Ch. 10 rules establish land use standards for lands under the jurisdiction of the Land Use Regulation Commission. The goal of this rule-making is to reduce the regulatory burden on applicants and reduce staff time and paperwork for small projects with little or no impact. These rule changes will allow the construction of accessory structures less than 750 square feet in size in certain subdistricts without a permit subject to certain standards and conditions.
DETAILED BASIS STATEMENT / SUMMARY: Ch. 10, Land Use Districts and Standards, adopted in accordance with 12 MRSA §206-A, contains the rules of the Maine Land Use Regulation Commission including standards that set out the land uses and activities allowed in the various subdistricts of the Commission’s jurisdiction. In an effort to reduce the regulatory burden on applicants and reduce staff time and paperwork for small projects with little or no impact, the Land Use Regulation Commission proposes changes to Ch. 10 to revise current language allowing “accessory structures” without a permit subject to standards in certain subdistricts, and add “accessory structures” to the list of uses allowed without a permit subject to standards in other subdistricts.
Currently, Ch. 10 allows accessory structures less than 500 square feet in size to be constructed without a permit in most development subdistricts, but not in management or protection subdistricts. The proposed changes would increase the size allowed in these development subdistricts from 500 square feet to 750 square feet, and also allow accessory structures without a permit subject to standards in the General Management and Great Pond Protection subdistricts. Standards and conditions are proposed as part of the changes to clarify in what situations these structures are allowed without a permit.
The proposed change replaces current accessory structure language in “Uses Allowed without a Permit Subject to Standards” in most development subdistricts with the following:
Accessory structures: New or expanded structures accessory to any legally existing principal structures and uses, provided that the total square footage of the footprint of all new or expanded accessory structures built on a lot within a two (2) year period is not more than 750 square feet and all other requirements and standards of Section 10.27,P are met;
The development subdistricts proposed for language replacement are:
* Commercial Industrial Development Subdistrict (D-CI) – Section 10.21,A,3,b,1
* Extended Settlement Subdistrict (D-ES) – Section 10.21,B,3,b,1
* General Development Subdistrict (D-GN) - 10.21,C,3,b,1
* Community Center Development Subdistrict (D-GN2) - 10.21,D,3,b,1
* Rural Settlement Development Subdistrict (D-GN3) - 10.21,E,3,b,1
* Residential Development Subdistrict (D-RS) - 10.21,H,3,b,1
* Community Residential Development Subdistrict (D-RS2) - 10.21,I,3,b,1
* Residential Recreation Development Subdistrict (D-RS3) - 10.21,J,3,b,1
The proposed change also adds this language to the list of “Uses Allowed Without a Permit Subject to Standards” in the General Management (Section 10.22,A,3,b,1) and Great Pond Protection (Section 10.23,E,3,b,1) subdistricts.
The proposed change adds a Section 10.27,P to Ch. 10, which sets forth the conditions that need to be met for a proposed accessory structure to be constructed without a permit. All new or expanded accessory structures allowed without a permit subject to standards must meet the following conditions:
1. Be accessory to a legally existing principal structure and use;
2. Meet the definition of accessory structure in Section 10.02,1;
3. Conform with the General Criteria for Approval in Section 10.24;
4. Meet the development standards in Sections 10.25 and the activity specific standards in Section 10.27, as applicable;
5. Meet all of the applicable dimensional requirements in Section 10.26,D-F;
6. Have unfinished interiors and not be used for human habitation;
7. Have no internal plumbing and not be supplied with water other than for a hose bib (exterior hose faucet);
8. Not be used for a home occupation;
9. Not be located in a flood prone area as defined in Section 10.02 and described in Section 10.23,C;
10. Neither use in construction nor produce any hazardous or toxic materials or substances;
11. Be consistent with the use of the principal structure and not add a new activity to those currently permitted at the site or facility; and
12. Not cause the total development on a property to exceed any gross floor area limitation related to the type of use.
A copy of the above proposed rule changes may be viewed at the Commission’s main office at 18 Elkins Lane, Harlow Building, Augusta, Maine or may be downloaded from the agency’s web site at www.maine.gov/doc/lurc . To view the proposed rule changes at the Augusta office, please call the office in advance at (207) 287-2631.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY: 12 MRSA §684; §685-A,3, 7-A, and 8-B; and §685-C, 5
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/doc/lurc/index.shtml .
DOC RULE-MAKING LIAISON: Dan.Burke@Maine.gov .
