WEEKLY NOTICES OF STATE RULEMAKING – 2/21/18

February 22, 2018

PROPOSALS
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AGENCY: 01-672 – Department of Agriculture, Conservation & Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 13, Metallic Mineral Exploration, Advanced Exploration and Mining. and Ch. 10, Land Use Districts and Standards
PROPOSED RULE NUMBERS: 2018-P004, P005 (2nd publication; public hearing scheduled)
BRIEF SUMMARY: The Land Use Planning Commission is seeking public comment on proposed rule changes to comply with PL 2017 ch. 142, 128th Legislature. Specifically, §12 of ch. 142 requires the Commission, by July 1, 2018, to “adopt rules related to commission certification of metallic mineral mining permit applications in accordance with the Maine Revised Statutes, Title 38 §490-NN sub-§2.” Also, the section requires that, “Rules adopted pursuant to this section must include any additional provisions necessary to ensure consistency with the Maine Metallic Mineral Mining Act and rules related to the Maine Metallic Mineral Mining Act adopted by the Department of Environmental Protection.” Proposed changes include a repeal and replacement of the Commission’s Ch. 13 rule, renaming Ch. 13 to Metallic Mineral Exploration and Mining Certifications, updating provisions for metallic mineral exploration, adding provisions for mining certifications, and amending the Commission’s Ch. 10 rule to ensure consistency with Ch. 13 and clarify the relationship between the two chapters.
PUBLIC HEARING: March 14, 2018, 11:00 a.m., Jeff’s Catering, 15 Littlefield Way, Brewer
COMMENT DEADLINE: written comments must be submitted on or prior to March 26, 2018. Written rebuttal comments must be submitted on or prior to April 2, 2018.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Stacie R. Beyer, Maine Land Use Planning Commission, Department of Agriculture, Conservation and Forestry, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 557-2535. TTY: (888) 577-6690. Email: Stacie.R.Beyer@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§ 684, 685-A,3, 685-C,5,A; PL 2017 ch. 142
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
LUPC WEBSITE: www.maine.gov/dacf/lupc/index.shtml .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .
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AGENCY: 01-672 – Department of Agriculture, Conservation & Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards: Appendix C, Alphabetical List of Lakes Showing Wildlands Lake Assessment Findings
PROPOSED RULE NUMBER: 2018-P018
BRIEF SUMMARY: The Land Use Planning Commission is seeking public comment on proposed changes to Ch. 10, Land Use Districts and Standards, Appendix C, “Alphabetical List of Lakes Showing Wildlands Lake Assessment Findings”. The proposed rule revisions would correct errors and update references in Appendix C. Revisions include updating minor civil division and waterbody names, as well as correcting certain management classifications and resource values for some waterbodies.
PUBLIC HEARING: None
COMMENT DEADLINE: Written comments must be submitted on or prior to March 26, 2018. Written rebuttal comments must be submitted on or prior to April 2, 2018.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Jennifer Curtis, LUPC, 22 State House Station, Augusta, ME 04333. Telephone: (207) 287-4930. Email: Jennifer.Curtis@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§ 685-A(3), (7-A), 685-C(5)(A)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
LUPC WEBSITE: www.maine.gov/dacf/lupc .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .
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AGENCY: 06-096 – Department of Environmental Protection (DEP)
CHAPTER NUMBERS AND TITLES: Ch. 850, Identification of Hazardous Waste; Ch. 851, Standards for Generators of Hazardous Waste; Ch. 852, Land Disposal Restrictions; Ch. 858, Universal Waste Rules
PROPOSED RULE NUMBERS: 2018-P019 thru P022
BRIEF SUMMARY: The principal reason for the proposed rulemaking is to update the rules through incorporation of revised and new regulations promulgated by U.S. EPA under The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 USCA 6901 et seq. These regulations include 40 CFR 172, 40 CFR 173, 40 CFR 178, 40 CFR 179, 40 CFR 260 to 273,40 CFR 279, and 40 CFR 761.
After consultation with U.S. EPA these amendments are necessary for the Department to complete in order for the State of Maine to receive additional authorization and to maintain current authorization to administer the Resource Conservation and Recovery Act of 1976 (RCRA). Federal authorization allows the Department of Environmental Protection to retain its delegated authority to administer the RCRA hazardous waste program in Maine, including the issuance of licenses for hazardous waste facilities.
The Department is also proposing to update formatting, reflect changes in the Maine Hazardous Waste Statutes and 2011 PL 304, and improve the general organization of the rules.
PUBLIC HEARING: 30-day comment period; if the Department receives a request for a public hearing one will be held.
COMMENT DEADLINE: 5 p.m. March 23, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Tom Graham, DEP, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7598. Email: Tom.Graham@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: Federal rules that are being incorporated into Maine’s hazardous waste rules are already in effect. For this reason, no additional fiscal impact is anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 38 MRS §§ 1301 et seq., 1319 O, 1319-R(1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 USCA 6901 et seq. and regulations promulgated by the United States Environmental Protection Agency (EPA) thereunder, including: 40 CFR 172, 40 CFR 173, 40 CFR 178, 40 CFR 179, 40 CFR 260 to 273, 40 CFR 279, 40 CFR 761.
DEP WEBSITE: http://www.maine.gov/dep/rules/ .
DEP RULEMAKING LIAISON: Jeff.S.Crawford@Maine.gov .