Proposals
AGENCY: 06-096 – Department of Environmental Protection (DEP)
CHAPTER NUMBERS AND TITLES:
Ch. 117, Source Surveillance (Amendments)
Ch. 121, Emission Limitations and Emission Testing of Resource Recovery Facilities (Amendments)
Ch. 137, Emission Statements (Amendments)
Ch. 140, Part 70 Air Emission Licensing Regulations (Amendments)
Ch. 146, Diesel-Powered Motor Vehicle Emissions Standards (Amendments)
Ch. 148, Emissions from Smaller-Scale Electric Generating Facilities (Amendments)
Ch. 150, Control of Emissions from Outdoor Wood Boilers (Amendments)
Ch. 164, General Permit for Concrete Batch Plants (Amendments)
Ch. 165, General Permit for Class IV-A Incinerators (Amendments)
Ch. 167, Greenhouse Gas Emissions Standards (New Rule)
Ch. 168, Sulfur Hexafluoride Emissions Standards (New Rule)
Ch. 305, Natural Resources Protection Act Permit by Rule Standards (Amendments)
PROPOSED RULE NUMBERS: 2018-P065 thru P076
BRIEF SUMMARY: On January 24, 2018, the Department of Environmental Protection received a citizen petition (Citizen Petition for Rulemaking to Require the Maine Department of Environmental Protection to Fulfill its Statutory, Constitutional, and Public Trust Obligations to Reduce Greenhouse Gas Emissions Along a Trajectory that is Based on the Best Climate Science and that will Reduce the Impacts of Climate Change in Maine (GHG Petition)) to initiate rulemaking pursuant to 5 MRS §8055. The GHG Petition was signed by 696 registered voters, and the petition was verified as required by Maine law. Therefore, pursuant to 5 MRS §8055, the Department is required to initiate rulemaking proceedings.
The Petitioners’ proposal: (1) creates a new rule establishing emission standards for greenhouse gas emissions from air contaminant sources; (2) establishes a new rule addressing sulfur hexafluoride (SF6) emissions from gas-insulated electrical switch gear; and (3) amends 10 existing rules to incorporate greenhouse gas standards.
Copies of these proposed rules are available upon request by contacting the agency contact person or on the Department of Environmental Protection rulemaking website at http://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, email 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.
PUBLIC HEARING: May 15, 2018 – 1:00 p.m., DEP Response Training Room, 4 Blossom Lane (AMHI Complex), Augusta, ME
COMMENT DEADLINE: June 29, 2018 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / DEP RULEMAKING LIAISON Jeffrey Crawford, DEP, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7647. Fax: (207) 287-7826. Email: Jeff.S.Crawford@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: This proposal may have both direct and indirect fiscal impacts on municipalities or counties. Direct fiscal impacts could include increased licensing and/or permitting costs, and increased compliance costs. Indirect fiscal impacts associated with the costs of goods and services purchased or consumed may also be incurred by municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS §8055; 38 MRS §§ 341-A(1), 575, 576, 581, 582, 584, 585, 585-A, 585-B, 585-C, 590, 601-B, 1301 et seq., and 1310-N
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DEP WEBSITE: http://www.maine.gov/dep/ .
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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
PROPOSED RULE NUMBER: 2018-P077
BRIEF SUMMARY: The Land Use Planning Commission is proposing routine maintenance of Ch. 10, Land Use Districts and Standards. For organizational purposes, the proposal has been divided into three parts:
Part 1 includes responses to two laws in 2017 that affect the Commission, as well as other revisions that cover general housekeeping matters, update references, and clarify existing provisions.
Part 2 of this rulemaking updates the Commission’s standards relating to protected natural resources to ensure consistency, as required in statute, with the goals of the Natural Resources Protection Act (NRPA). The NRPA-related updates clarify the existing practice for rezoning areas that include wetlands, ensure consistent application of existing standards to wetland alterations in all zoning subdistricts, establish that filling and grading an acre or more in the General Management Subdistrict (M-GN) requires a permit, and contain other miscellaneous revisions to improve clarity and consistency with other related statutes and rules.
Part 3 includes revisions that correct errors and update references in Appendix C, “Alphabetical List of Lakes Showing Wildlands Lake Assessment Findings”. Revisions include updating minor civil division and waterbody names, as well as correcting certain management classifications and resource values for some waterbodies.
PUBLIC HEARING: not applicable; a hearing has not been scheduled.
COMMENT DEADLINE: Written comments must be submitted on or prior to May 29, 2018; Written rebuttal comments must be submitted on or prior to June 5, 2018.
CONTACT PERSON FOR THIS FILING: Stacie R. Beyer, Maine Land Use Planning Commission, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 557-2535. Email: Stacie.R.Beyer@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §685-A(3), (7-A), and §685-C(5)(A); 38 MRS §480-E-1; PL 2017 ch. 89; PL 2017 ch. 236
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
LUPC WEBSITE: www.maine.gov/doc/lupc/
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .
Adoptions
AGENCY: 06-096 – Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 502, Direct Watersheds of Lakes Most at Risk from New Development, and Urban Impaired Streams
ADOPTED RULE NUMBER: 2018-064 (Final adoption, major substantive)
CONCISE SUMMARY: The Department has amended Ch. 502 to add the following waterbodies to the listings of Direct Watersheds of Lakes Most at Risk from New Development, and Urban Impaired Streams:
Papoose Pond, Waterford
Granger Pond, Denmark
Moose Pond, Bridgton
Georges Pond, Franklin
The Basin, Auburn and Mud Pond, Turner
Kennedy Brook, Augusta
Whitney Brook, Augusta
Sucker Brook, Bangor and Hampden
Thatcher Brook, Biddeford
Dole Brook, Pittsfield
Goodall Brook, Sanford
Unnamed tributary to Androscoggin River, Topsham.
The Department has deleted the following waterbodies from Ch. 502’s listings of Direct Watersheds of Lakes Most at Risk from New Development, and Urban Impaired Streams:
Sherman Lake, Newcastle
Mattanawcook Stream, Lincoln
Mill Stream, Winthrop
Brown Brook, Limerick.
EFFECTIVE DATE: May 23, 2018
AGENCY CONTACT PERSON / DEP RULEMAKING LIAISON: Jeff Crawford, DEP, 17 State House Station Augusta, ME 04333-0017. Telephone: (207) 287-7647. Email: Jeff.S.Crawford@Maine.gov .
DEP WEBSITE: http://www.maine.gov/dep/ .